Regina v Vukic [2003] NSWCCA 13

Regina v Vukic [2003] NSWCCA 13

Although the applicant's offence was a very bad case involving a blood alcohol concentration of not less than 0.172, excessive speed, crossing double centre lines and a poor traffic record, it was not one of the worst cases of its type. The 8 year head sentence was manifestly excessive and inconsistent with the pattern of sentences in comparable aggravated dangerous driving causing death cases, particularly after allowing for the guilty plea and the applicant's strong subjective circumstances. A head sentence of 7 years with a non-parole period of 4 years was appropriate, with special circumstances justified by the applicant's ongoing medical, psychological and rehabilitation needs.

Jurisdiction
Australia
Judgment Date
27 February 2003
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal against sentence granted; appeal allowed; sentence quashed; applicant resentenced to imprisonment for 7 years with a non-parole period of 4 years.
Legal Topics
['aggravated Dangerous Driving Causing Death' 'manifest Excess' 'discount for Guilty Plea' 'consistency in Sentencing' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing' 'criminal Appeals'] ['aggravated Dangerous Driving Causing Death' 'manifest Excess' 'discount for Guilty Plea' 'consistency in Sentencing' 'special Circumstances' 'non Parole Period']

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the sentencing judge gave an inadequate discount for the applicant's guilty plea at the earliest available opportunity." 'Whether the sentence of imprisonment for 8 years with a non-parole period of 5 years for aggravated dangerous driving occasioning death was manifestly excessive.' 'Whether the sentence was inconsistent with the pattern of sentences in comparable cases of aggravated dangerous driving causing death.']

Ratio Decidendi

Although the applicant's offence was a very bad case involving a blood alcohol concentration of not less than 0.172, excessive speed, crossing double centre lines and a poor traffic record, it was not one of the worst cases of its type. The 8 year head sentence was manifestly excessive and inconsistent with the pattern of sentences in comparable aggravated dangerous driving causing death cases, particularly after allowing for the guilty plea and the applicant's strong subjective circumstances. A head sentence of 7 years with a non-parole period of 4 years was appropriate, with special circumstances justified by the applicant's ongoing medical, psychological and rehabilitation needs.

Court Disposition

Leave to appeal against sentence granted; appeal allowed; sentence quashed; applicant resentenced to imprisonment for 7 years with a non-parole period of 4 years.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal allowed; sentence quashed.' 'In lieu of the sentence imposed the applicant, Joshua Barry Vukic is sentenced to imprisonment for 7 years commencing on 18 July 2002 and ending on 17 July 2009 with a non-parole period of 4 years commencing on 18 July 2002 and ending...