McGonigle v R [2020] NSWCCA 84

McGonigle v R [2020] NSWCCA 84

The sentence was not manifestly excessive because it reflected the substantial objective gravity of the offences, presence of two statutory aggravating factors (prescribed alcohol concentration and excessive speed), high moral culpability, and need for general deterrence. The sentencing judge properly weighed the applicant's strong subjective case but gave due proportion to the seriousness of the offending. Comparative cases and statistics did not demonstrate error. The sentence was within the available range.

Jurisdiction
Australia
Judgment Date
01 May 2020
Procedural Posture
Criminal Appeal / Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'dangerous Driving' 'aggravated Dangerous Driving' 'police Pursuit' 'manifest Excess' 'sentencing Principles']
['criminal Law'] ['appeal Against Sentence' 'dangerous Driving' 'aggravated Dangerous Driving' 'police Pursuit' 'manifest Excess' 'sentencing Principles']

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Procedural Posture

Criminal Appeal / Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the aggregate sentence for aggravated dangerous driving causing grievous bodily harm and dangerous driving during a police pursuit was manifestly excessive']

Ratio Decidendi

The sentence was not manifestly excessive because it reflected the substantial objective gravity of the offences, presence of two statutory aggravating factors (prescribed alcohol concentration and excessive speed), high moral culpability, and need for general deterrence. The sentencing judge properly weighed the applicant's strong subjective case but gave due proportion to the seriousness of the offending. Comparative cases and statistics did not demonstrate error. The sentence was within the available range.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

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