R v Wright [2013] NSWCCA 82

R v Wright [2013] NSWCCA 82

The appeal was dismissed because the sentencing judge did not confine the mental illness issue to moral culpability and was entitled to treat general deterrence as a legitimate and necessary factor where the applicant's mental illness did not materially contribute to the offending and did not make him an unsuitable vehicle for general deterrence. The applicant did not establish that custody would be more onerous because of mental illness. The sentence for count one, although stern, was within the legitimate exercise of the sentencing discretion given the applicant's extreme speed, high intoxication, long distance of dangerous driving, two young passengers, risk to other motorists and high...

Jurisdiction
Australia
Judgment Date
22 April 2013
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['aggravated Dangerous Driving Occasioning Death' 'aggravated Dangerous Driving Occasioning Grievous Bodily Harm' 'mental Illness and Sentencing' 'moral Culpability' 'general Deterrence' 'extra Curial Suffering' 'manifest Excess' 'sentencing Statistics']
['criminal Law' 'sentencing'] ['aggravated Dangerous Driving Occasioning Death' 'aggravated Dangerous Driving Occasioning Grievous Bodily Harm' 'mental Illness and Sentencing' 'moral Culpability' 'general Deterrence' 'extra Curial Suffering' 'manifest Excess' 'sentencing Statistics']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge impermissibly confined the applicant's mental illness to the issue of moral culpability." 'Whether the sentence for aggravated dangerous driving causing death, and the overall sentence, was manifestly excessive.']

Ratio Decidendi

The appeal was dismissed because the sentencing judge did not confine the mental illness issue to moral culpability and was entitled to treat general deterrence as a legitimate and necessary factor where the applicant's mental illness did not materially contribute to the offending and did not make him an unsuitable vehicle for general deterrence. The applicant did not establish that custody would be more onerous because of mental illness. The sentence for count one, although stern, was within the legitimate exercise of the sentencing discretion given the applicant's extreme speed, high intoxication, long distance of dangerous driving, two young passengers, risk to other motorists and high...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']