Nealon v R [2021] NSWCCA 286

Nealon v R [2021] NSWCCA 286

The sentence of 8 years and 6 months imprisonment with a non-parole period of 6 years and 4 months was not manifestly excessive. Once allowance was made for the fact that the applicant was sentenced after trial, rather than after a guilty plea like the large majority of offenders in the statistics, the sentence fell...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 December 2021
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Pursuant to S 5(1)(c) of the Criminal Appeal Act 1912 (nsw) From a District Court Sentence After a Jury Verdict of Guilty
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['aggravated Dangerous Driving Occasioning Death' 'manifest Excess' 'sentencing Statistics' 'comparable Cases' 'appellate Intervention in Sentencing']
['criminal Law' 'sentencing' 'criminal Appeals'] ['aggravated Dangerous Driving Occasioning Death' 'manifest Excess' 'sentencing Statistics' 'comparable Cases' 'appellate Intervention in Sentencing']

Source-derived case record

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Pursuant to S 5(1)(c) of the Criminal Appeal Act 1912 (nsw) From a District Court Sentence After a Jury Verdict of Guilty

Legal Issues

  1. 1 ['Whether the sentence imposed for aggravated dangerous driving occasioning death was manifestly excessive.' 'Whether sentencing statistics and individual comparable cases supported an inference of sentencing error.' "Whether the applicant's sentence after trial had to be compared with sentences following guilty pleas by allowing for the absence of a utilitarian discount."]

Ratio Decidendi

The sentence of 8 years and 6 months imprisonment with a non-parole period of 6 years and 4 months was not manifestly excessive. Once allowance was made for the fact that the applicant was sentenced after trial, rather than after a guilty plea like the large majority of offenders in the statistics, the sentence fell well within the range for serious examples of the offence. The individual cases did not support an inference of undisclosed sentencing error, particularly given the unchallenged finding that the offending was a serious and grave example involving a total abandonment of responsibility.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal.' 'Appeal dismissed.']