Regina v James McGuinness [1999] NSWCCA 304
The offence was objectively very serious and the applicant's prior drink driving record substantially reduced the scope for leniency. Although it would have been better for the sentencing judge to address special circumstances expressly, that omission did not mean that a different sentence or more lenient apportionment was warranted in law.
- Jurisdiction
- Australia
- Judgment Date
- 17 September 1999
- Procedural Posture
- Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence
- Outcome
- Leave to appeal granted; appeal dismissed.
- Legal Topics
- ['dangerous Driving Occasioning Grievous Bodily Harm' 'drink Driving' 'sentence Apportionment' 'special Circumstances' 'leave to Appeal']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence
Legal Issues
- 1 ['Whether a more lenient apportionment of the two year sentence was warranted in law.' "Whether the sentencing judge's failure to advert expressly to special circumstances required appellate intervention."]
Ratio Decidendi
The offence was objectively very serious and the applicant's prior drink driving record substantially reduced the scope for leniency. Although it would have been better for the sentencing judge to address special circumstances expressly, that omission did not mean that a different sentence or more lenient apportionment was warranted in law.
Court Disposition
Leave to appeal granted; appeal dismissed.
Orders
- ['Leave to appeal granted.' 'Substantive appeal dismissed.']
Full Case Text
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