Gommesen v R [2012] NSWCCA 226

Gommesen v R [2012] NSWCCA 226

Although the sentencing judge followed an erroneous path by considering prior criminal history for objective seriousness, the ultimate finding that the applicant's moral culpability was high was correct and supported by the evidence, and no lesser sentence was warranted.

Parties
Applicant: Odin Gommesen; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
01 November 2012
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentence Appeal, Aggravated Dangerous Driving Occasioning Death, Assessment of Moral Culpability, Prior Criminal History, Discount for Guilty Plea
Criminal Law Sentence Appeal Aggravated Dangerous Driving Occasioning Death Assessment of Moral Culpability Prior Criminal History Discount for Guilty Plea

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Parties

Odin Gommesen

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether moral culpability of the applicant was appropriately assessed
  2. 2 Whether improper regard was had to applicant's prior criminal history
  3. 3 Whether any lesser sentence is warranted

Ratio Decidendi

Although the sentencing judge followed an erroneous path by considering prior criminal history for objective seriousness, the ultimate finding that the applicant's moral culpability was high was correct and supported by the evidence, and no lesser sentence was warranted.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.