R v Kilborn [2001] NSWCCA 116

R v Kilborn [2001] NSWCCA 116

The appeal was allowed because the sentencing judge took into account material not in evidence concerning the applicant's speed and failed to give proper weight to special circumstances; the sentence was manifestly excessive, and a new sentence reflecting these considerations was imposed.

Jurisdiction
Australia
Judgment Date
30 March 2001
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed; sentence quashed; new sentence imposed
Legal Topics
['appeal Against Sentence' 'dangerous Driving Occasioning Grievous Bodily Harm' 'material Not in Evidence' 'manifestly Excessive Sentence' 'subjective Factors in Sentencing']
['criminal Law'] ['appeal Against Sentence' 'dangerous Driving Occasioning Grievous Bodily Harm' 'material Not in Evidence' 'manifestly Excessive Sentence' 'subjective Factors in Sentencing']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge took into account material not in evidence' 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

The appeal was allowed because the sentencing judge took into account material not in evidence concerning the applicant's speed and failed to give proper weight to special circumstances; the sentence was manifestly excessive, and a new sentence reflecting these considerations was imposed.

Court Disposition

appeal allowed; sentence quashed; new sentence imposed

Orders

  • ['Appeal allowed.' 'Sentence quashed.' 'New sentence of two and a half years imprisonment imposed.' 'Non-parole period of 15 months fixed.' 'Order for release at end of non-parole period.']