McCarry v R [2015] NSWDC 209

McCarry v R [2015] NSWDC 209

Given the repeat nature of the dangerous driving offence, criminal history, and limited rehabilitation engagement, the original sentence was reduced to 12 months' imprisonment with a six month non-parole period, with parole conditions including immediate entry into a residential rehabilitation facility if available, to protect the community and promote rehabilitation.

Parties
Appellant: Jonathan Richard McCarry; Respondent: Regina
Jurisdiction
Australia
Judgment Date
09 June 2015
Procedural Posture
Criminal Appeal / Sentencing Appeal; Judgment on Orders and Adjournment
Outcome
Appeal allowed in part; sentence varied; proceedings adjourned for logistical reasons.
Legal Topics
Appeal Against Sentence, Dangerous Driving, Possess Prohibited Drugs, Rehabilitation, Prior Criminality
Criminal Law Appeal Against Sentence Dangerous Driving Possess Prohibited Drugs Rehabilitation Prior Criminality

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Parties

Jonathan Richard McCarry

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Sentencing Appeal; Judgment on Orders and Adjournment

Legal Issues

  1. 1 Whether the sentence imposed for dangerous driving was appropriate given prior offending and prospects of rehabilitation
  2. 2 Whether the sentence should be reduced and/or parole conditions imposed
  3. 3 Whether withdrawal of appeals for drug-related offences should be granted

Ratio Decidendi

Given the repeat nature of the dangerous driving offence, criminal history, and limited rehabilitation engagement, the original sentence was reduced to 12 months' imprisonment with a six month non-parole period, with parole conditions including immediate entry into a residential rehabilitation facility if available, to protect the community and promote rehabilitation.

Court Disposition

Appeal allowed in part; sentence varied; proceedings adjourned for logistical reasons.

Orders

  • Leave granted to withdraw appeals for counts 1, 2, 3 and 5.
  • Appellant is disqualified from driving for a period of 2 years.