R v ARDRON [2000] NSWCCA 412

R v ARDRON [2000] NSWCCA 412

The sentencing Judge acted within proper discretion, correctly identified and weighed aggravating and mitigating factors relevant to dangerous driving occasioning grievous bodily harm under the influence of alcohol. Guideline judgments such as Jurisic provide guidance, not binding standards. The sentence of two years eight months imprisonment was well within the proper range, and leave to appeal should be granted but the appeal dismissed.

Jurisdiction
Australia
Judgment Date
11 October 2000
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'dangerous Driving' 'aggravating Factors']
['criminal Law'] ['sentencing' 'dangerous Driving' 'aggravating Factors']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed was excessive and wrong in principle' 'Whether aggravating factors were correctly identified and weighed' 'Proper application of guideline judgments such as Regina v Jurisic']

Ratio Decidendi

The sentencing Judge acted within proper discretion, correctly identified and weighed aggravating and mitigating factors relevant to dangerous driving occasioning grievous bodily harm under the influence of alcohol. Guideline judgments such as Jurisic provide guidance, not binding standards. The sentence of two years eight months imprisonment was well within the proper range, and leave to appeal should be granted but the appeal dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

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