Barnett v R [2014] NSWCCA 296

Barnett v R [2014] NSWCCA 296

The sentencing judge's finding that the applicant was inattentive for a significant period of time was open on the evidence and was not shown to depend on the arithmetic error identified in the sentencing remarks. The proposed mathematical reconstruction of the period of inattention was artificial and did not...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
11 December 2014
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Aggregate Sentence Following Conviction by Jury
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['dangerous Driving Occasioning Death' 'appeal Against Sentence' 'momentary Inattention' 'failure to Maintain a Proper Lookout']
['criminal Law' 'sentencing'] ['dangerous Driving Occasioning Death' 'appeal Against Sentence' 'momentary Inattention' 'failure to Maintain a Proper Lookout']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Aggregate Sentence Following Conviction by Jury

Legal Issues

  1. 1 ["Whether the sentencing judge erred in finding that the applicant's conduct was not a case of momentary inattention." 'Whether factual or arithmetic errors in the sentencing remarks caused the sentencing discretion to miscarry.']

Ratio Decidendi

The sentencing judge's finding that the applicant was inattentive for a significant period of time was open on the evidence and was not shown to depend on the arithmetic error identified in the sentencing remarks. The proposed mathematical reconstruction of the period of inattention was artificial and did not reflect the fact-finding exercise undertaken by the sentencing judge. The additional alleged factual errors did not establish that the sentencing discretion miscarried.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']