Black v R [2010] NSWCCA 321

Black v R [2010] NSWCCA 321

The sentencing judge did not err in applying R v Whyte or in adopting a three-year starting point before the 25% plea discount. The Whyte guideline set a minimum guide for typical cases and did not preclude a higher sentence where the particular circumstances warranted it. The applicant's driving exposed multiple passengers to risk, involved an illegal U-turn over a median strip before the rear door was closed, resulted in very serious lifelong injuries, and occurred while he was disqualified with a poor driving record. The conclusion that there was not a low level of moral culpability was open, and the discounted sentence of two years and three months for the dangerous driving offence,...

Jurisdiction
Australia
Judgment Date
17 December 2010
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal; Leave to Appeal Granted and Appeal Dismissed
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['dangerous Driving Occasioning Grievous Bodily Harm' 'failing to Stop and Assist After Vehicle Impact Causing Grievous Bodily Harm' 'drive Whilst Disqualified' 'guideline Judgment' 'manifest Excess' 'non Parole Period']
['criminal Law' 'sentencing'] ['dangerous Driving Occasioning Grievous Bodily Harm' 'failing to Stop and Assist After Vehicle Impact Causing Grievous Bodily Harm' 'drive Whilst Disqualified' 'guideline Judgment' 'manifest Excess' 'non Parole Period']

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal; Leave to Appeal Granted and Appeal Dismissed

Legal Issues

  1. 1 ['Whether the sentencing judge failed to correctly apply or consider the guideline judgment in R v Whyte [2002] NSWCCA 343; (2002) 55 NSWLR 252 and thereby calculated the head sentence from a wrong starting point.' 'Whether the sentence imposed for dangerous driving occasioning grievous bodily harm was manifestly excessive.' 'Whether any error in the pronouncement of accumulated sentences affected the total effective sentence intended and imposed.']

Ratio Decidendi

The sentencing judge did not err in applying R v Whyte or in adopting a three-year starting point before the 25% plea discount. The Whyte guideline set a minimum guide for typical cases and did not preclude a higher sentence where the particular circumstances warranted it. The applicant's driving exposed multiple passengers to risk, involved an illegal U-turn over a median strip before the rear door was closed, resulted in very serious lifelong injuries, and occurred while he was disqualified with a poor driving record. The conclusion that there was not a low level of moral culpability was open, and the discounted sentence of two years and three months for the dangerous driving offence,...

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Leave to appeal be granted.' 'The appeal be dismissed.']