Bombardieri v R [2010] NSWCCA 161

Bombardieri v R [2010] NSWCCA 161

The sentence imposed was manifestly excessive when compared to sentences imposed for the same offence and even for manslaughter. The sentencing judge failed to properly balance the applicant's subjective factors or commenced too close to the statutory maximum. The applicant's conduct was at the higher end of seriousness for the offence but did not warrant the highest sentence ever imposed for aggravated dangerous driving causing death. The sentence was quashed and a lesser sentence substituted to reflect both the objective gravity and relevant subjective circumstances.

Jurisdiction
Australia
Judgment Date
06 August 2010
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Judgment on Appeal
Outcome
Appeal allowed, sentence quashed, applicant re-sentenced
Legal Topics
['appeal Against Sentence' 'aggravated Dangerous Driving Causing Death' 'manifestly Excessive Sentence' 'sentencing Principles' 'comparison With Manslaughter Sentences']
['criminal Law'] ['appeal Against Sentence' 'aggravated Dangerous Driving Causing Death' 'manifestly Excessive Sentence' 'sentencing Principles' 'comparison With Manslaughter Sentences']

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence; Judgment on Appeal

Legal Issues

  1. 1 ['Whether the sentence imposed for aggravated dangerous driving causing death was manifestly excessive' 'Whether the sentencing judge erred by not giving adequate weight to subjective factors' 'Proper application of sentencing principles including proportionality and consistency']

Ratio Decidendi

The sentence imposed was manifestly excessive when compared to sentences imposed for the same offence and even for manslaughter. The sentencing judge failed to properly balance the applicant's subjective factors or commenced too close to the statutory maximum. The applicant's conduct was at the higher end of seriousness for the offence but did not warrant the highest sentence ever imposed for aggravated dangerous driving causing death. The sentence was quashed and a lesser sentence substituted to reflect both the objective gravity and relevant subjective circumstances.

Court Disposition

Appeal allowed, sentence quashed, applicant re-sentenced

Orders

  • ['Grant leave to appeal.' 'Allow the appeal.' 'Quash the sentence imposed in District Court.' 'Sentence applicant to non-parole period of 5 years 9 months (12 August 2007 – 11 May 2013) and total term of 9 years imprisonment (to expire 11 August 2016).' 'Applicant eligible for release on parole on 11 May 2013.']