Norouzi v R [2020] NSWCCA 237

Norouzi v R [2020] NSWCCA 237

The sentence of 6 years 4 months' imprisonment with a non-parole period of 4 years 6 months was not manifestly excessive because the offending was above the mid-range of objective seriousness, involved high moral culpability, excessive speed in a populated pedestrian area at night, prior warning of pedestrians, alcohol above the legal limit and cannabis in the applicant's system, and the applicant's favourable subjective matters were not so substantial or out of the ordinary as to make the sentence unreasonable or plainly unjust. The JIRS statistics and comparative cases relied on did not disclose any misapplication of principle.

Jurisdiction
Australia
Judgment Date
18 September 2020
Procedural Posture
Criminal Appeal Against Sentence / Application for Extension of Time and Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Extension of time granted, leave to appeal granted, appeal dismissed.
Legal Topics
['manifest Excess' 'aggravated Dangerous Driving Occasioning Death' 'extension of Time' 'leave to Appeal' 'comparative Cases' 'jirs Statistics' 'objective Seriousness' 'moral Culpability']
['criminal Law' 'sentencing' 'criminal Appeals'] ['manifest Excess' 'aggravated Dangerous Driving Occasioning Death' 'extension of Time' 'leave to Appeal' 'comparative Cases' 'jirs Statistics' 'objective Seriousness' 'moral Culpability']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether an extension of time should be granted to bring the appeal out of time.' 'Whether leave to appeal against sentence should be granted.' 'Whether the sentence for aggravated dangerous driving occasioning death was manifestly excessive.' 'What relevance should be given to JIRS statistics and comparative cases in assessing manifest excess.']

Ratio Decidendi

The sentence of 6 years 4 months' imprisonment with a non-parole period of 4 years 6 months was not manifestly excessive because the offending was above the mid-range of objective seriousness, involved high moral culpability, excessive speed in a populated pedestrian area at night, prior warning of pedestrians, alcohol above the legal limit and cannabis in the applicant's system, and the applicant's favourable subjective matters were not so substantial or out of the ordinary as to make the sentence unreasonable or plainly unjust. The JIRS statistics and comparative cases relied on did not disclose any misapplication of principle.

Court Disposition

Extension of time granted, leave to appeal granted, appeal dismissed.

Orders

  • ['An extension of time is granted to bring the appeal out of time.' 'Leave to appeal is granted.' 'The appeal is dismissed.']