Silvestri v R [2016] NSWCCA 245

Silvestri v R [2016] NSWCCA 245

The sentence on the count relating to Ms Sparks was reduced as it was severe relative to guideline judgments and comparable cases. A discount of 25% for the plea of guilty was appropriate. The sentence should not have been wholly cumulative. The correct sentence was 4½ years (with a 2½ year non-parole period), partly concurrent with other sentences; the total effective sentence was reduced to 7 years with a 5-year non-parole period.

Jurisdiction
Australia
Judgment Date
09 November 2016
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Decision on Sentence Appeal
Outcome
Appeal allowed. Extension of time and leave to appeal granted. Sentence on Ms Sparks count quashed and resentenced. Sentences on other counts confirmed. Total sentence adjusted.
Legal Topics
['sentence Appeal' 'dangerous Driving Occasioning Grievous Bodily Harm' 'manifestly Excessive Sentence' 'discount for Plea of Guilty' 'accumulation of Sentences']
['criminal Law'] ['sentence Appeal' 'dangerous Driving Occasioning Grievous Bodily Harm' 'manifestly Excessive Sentence' 'discount for Plea of Guilty' 'accumulation of Sentences']

Case Brief

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal Decision on Sentence Appeal

Legal Issues

  1. 1 ['Whether the sentence for dangerous driving occasioning grievous bodily harm (re Ms Sparks) was manifestly excessive' 'Whether the discount for the utilitarian benefit of a plea of guilty was adequate' 'Whether the sentence should have been served cumulatively upon other sentences' 'Whether there was procedural fairness in findings on special circumstances']

Ratio Decidendi

The sentence on the count relating to Ms Sparks was reduced as it was severe relative to guideline judgments and comparable cases. A discount of 25% for the plea of guilty was appropriate. The sentence should not have been wholly cumulative. The correct sentence was 4½ years (with a 2½ year non-parole period), partly concurrent with other sentences; the total effective sentence was reduced to 7 years with a 5-year non-parole period.

Court Disposition

Appeal allowed. Extension of time and leave to appeal granted. Sentence on Ms Sparks count quashed and resentenced. Sentences on other counts confirmed. Total sentence adjusted.

Orders

  • ['Extension of time granted.' 'Leave to appeal granted.' 'Appeal allowed.' 'Sentence on count relating to Ms Sparks quashed.' 'Applicant resentenced on that count to imprisonment for 4½ years (non-parole period 2½ years), commencing on 1 April 2017 and expiring 30 September 2021.' 'Sentences on two other counts...