Regina v Cameron [2005] NSWCCA 359

Regina v Cameron [2005] NSWCCA 359

The sentencing judge erred by approaching the matter as though there was one offence resulting in three deaths instead of sentencing separately for each manslaughter count and then considering concurrence, cumulation and totality. The respondent's conduct, including driving unlicensed, while markedly affected by alcohol, at more than twice the speed limit, in disregard of passengers' requests to slow down, showed a high order of culpability. Because manslaughter was the offence of conviction and was more serious than an offence under s 52A of the Crimes Act, the original sentences and the proportions of the non-parole periods were manifestly inadequate. Applying restraint required on a...

Jurisdiction
Australia
Judgment Date
28 October 2005
Procedural Posture
Crown Appeal Against Sentence / Court of Criminal Appeal Resentencing After Sentences Imposed in the District Court
Outcome
Crown appeal allowed; sentences imposed in the District Court quashed; respondent resentenced.
Legal Topics
['manslaughter' 'aggravated Dangerous Driving Causing Grievous Bodily Harm' 'crown Appeal Against Sentence' 'manifest Inadequacy' 'totality' 'non Parole Period' 'licence Disqualification']
['criminal Law and Procedure' 'sentencing'] ['manslaughter' 'aggravated Dangerous Driving Causing Grievous Bodily Harm' 'crown Appeal Against Sentence' 'manifest Inadequacy' 'totality' 'non Parole Period' 'licence Disqualification']

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Procedural Posture

Crown Appeal Against Sentence / Court of Criminal Appeal Resentencing After Sentences Imposed in the District Court

Legal Issues

  1. 1 ['Whether the sentencing judge erred by assessing sentence as if one offence caused three deaths rather than fixing an appropriate sentence for each offence before considering cumulation, concurrence and totality.' 'Whether the sentences imposed for three counts of manslaughter and one count of aggravated dangerous driving causing grievous bodily harm were manifestly inadequate.' 'Whether manslaughter should be treated as distinct from, and more serious than, an offence contrary to s 52A of the Crimes Act.' 'Whether the non-parole periods fixed for the manslaughter counts adequately reflected the objective gravity of the offences, notwithstanding special circumstances.']

Ratio Decidendi

The sentencing judge erred by approaching the matter as though there was one offence resulting in three deaths instead of sentencing separately for each manslaughter count and then considering concurrence, cumulation and totality. The respondent's conduct, including driving unlicensed, while markedly affected by alcohol, at more than twice the speed limit, in disregard of passengers' requests to slow down, showed a high order of culpability. Because manslaughter was the offence of conviction and was more serious than an offence under s 52A of the Crimes Act, the original sentences and the proportions of the non-parole periods were manifestly inadequate. Applying restraint required on a...

Court Disposition

Crown appeal allowed; sentences imposed in the District Court quashed; respondent resentenced.

Orders

  • ['Appeal allowed.' 'Sentences imposed in the District Court quashed.' 'For the manslaughter of Joshua Kevin Klower, the respondent was sentenced to imprisonment consisting of a non-parole period of four years commencing on 13 August 2004 and expiring on 12 August 2008, with a balance term of three years commencing...