R v HOWCHER [2004] NSWCCA 179

R v HOWCHER [2004] NSWCCA 179

The sentence imposed was not manifestly excessive, was within the legitimate exercise of sentencing discretion, and reflected the seriousness of the offence and Applicant's history. No error in application of principles regarding rehabilitation, voluntary surrender, or relationship to the victim; leave to appeal granted, but appeal dismissed.

Jurisdiction
Australia
Judgment Date
21 June 2004
Procedural Posture
Criminal Appeal / Court of Criminal Appeal, Leave to Appeal and Substantive Appeal
Outcome
Leave to appeal granted; Appeal dismissed
Legal Topics
['sentencing' 'dangerous Driving Occasioning Death' 'aggravated Offences' 'rehabilitation' 'manifest Excess' 'leniency' 'voluntary Surrender']
['criminal Law'] ['sentencing' 'dangerous Driving Occasioning Death' 'aggravated Offences' 'rehabilitation' 'manifest Excess' 'leniency' 'voluntary Surrender']

Case Brief

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal, Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in failing to afford sufficient leniency due to the deceased not being a stranger' 'Whether the sentencing judge erred in not giving weight to voluntary surrender' 'Whether the sentencing judge erred in his assessment of rehabilitation' 'Whether the sentencing judge erred in applying the principles in MJR (2002) 54 NSWLR 368' 'Whether the sentence was manifestly excessive']

Ratio Decidendi

The sentence imposed was not manifestly excessive, was within the legitimate exercise of sentencing discretion, and reflected the seriousness of the offence and Applicant's history. No error in application of principles regarding rehabilitation, voluntary surrender, or relationship to the victim; leave to appeal granted, but appeal dismissed.

Court Disposition

Leave to appeal granted; Appeal dismissed

Orders

  • ['Grant leave to appeal' 'Dismiss the appeal']