Lute v R [2012] NSWCCA 67

Lute v R [2012] NSWCCA 67

The sentencing judge did not treat the passenger's death as an aggravating feature. Read in context, her Honour was referring to the guideline judgment in R v Whyte and making a factual observation that the deceased died virtually instantaneously. Her Honour later identified the aggravating features as excessive speed and intoxication, not the death itself. In any event, given the alcohol consumed and apparent excessive speed, the applicant had not shown that a lesser sentence was warranted.

Jurisdiction
Australia
Judgment Date
19 April 2012
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['driving in a Manner Dangerous Causing Death' 'aggravating Features' 'guilty Plea Discount' 'non Parole Period' 'leave to Appeal Against Sentence']
['criminal Law' 'sentencing' 'criminal Appeals'] ['driving in a Manner Dangerous Causing Death' 'aggravating Features' 'guilty Plea Discount' 'non Parole Period' 'leave to Appeal Against Sentence']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred by regarding death as an aggravating feature when sentencing for driving in a manner dangerous causing death contrary to s 52A(1)(c) Crimes Act 1900 (NSW).' 'Whether, if error were shown, the applicant demonstrated that a lesser sentence was warranted in law.']

Ratio Decidendi

The sentencing judge did not treat the passenger's death as an aggravating feature. Read in context, her Honour was referring to the guideline judgment in R v Whyte and making a factual observation that the deceased died virtually instantaneously. Her Honour later identified the aggravating features as excessive speed and intoxication, not the death itself. In any event, given the alcohol consumed and apparent excessive speed, the applicant had not shown that a lesser sentence was warranted.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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