Small v R [2013] NSWCCA 165

Small v R [2013] NSWCCA 165

Mr Small was navigating the workboat within s 52B because he sat in the starboard seat, took the helm, steered the workboat, exercised his own will in directing its course, and was the person able to take action to avoid the collision. The trial judge therefore did not err in directing the jury that navigation in the circumstances involved controlling the helm. On sentence, the combined acts and omissions of Mr Small and Mr Reynolds caused the collision; Mr Reynolds' abandonment of responsibility was equalled by Mr Small's high level of irresponsible behaviour in taking the helm while intoxicated and impaired, and there was no objective basis for a justifiable sense of grievance from...

Jurisdiction
Australia
Judgment Date
15 July 2013
Procedural Posture
Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Hearing of Appeal and Leave Application
Outcome
Appeal against conviction dismissed; leave to appeal against sentence granted but sentence appeal dismissed.
Legal Topics
['dangerous Navigation Occasioning Death' 'jury Directions' 'statutory Construction' 'sentence Appeal' 'parity']
['criminal Law'] ['dangerous Navigation Occasioning Death' 'jury Directions' 'statutory Construction' 'sentence Appeal' 'parity']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Hearing of Appeal and Leave Application

Legal Issues

  1. 1 ['Whether the trial judge erred in directing the jury that, for the purpose of s 52B of the Crimes Act 1900, "navigate" meant controlling the helm of the workboat at the time of impact.' 'Whether the sentencing judge erred by imposing on Mr Small the same sentence as that imposed on the co-offender, Mr Reynolds.']

Ratio Decidendi

Mr Small was navigating the workboat within s 52B because he sat in the starboard seat, took the helm, steered the workboat, exercised his own will in directing its course, and was the person able to take action to avoid the collision. The trial judge therefore did not err in directing the jury that navigation in the circumstances involved controlling the helm. On sentence, the combined acts and omissions of Mr Small and Mr Reynolds caused the collision; Mr Reynolds' abandonment of responsibility was equalled by Mr Small's high level of irresponsible behaviour in taking the helm while intoxicated and impaired, and there was no objective basis for a justifiable sense of grievance from...

Court Disposition

Appeal against conviction dismissed; leave to appeal against sentence granted but sentence appeal dismissed.

Orders

  • ['The appeal against conviction be dismissed.' 'The application for leave to appeal against sentence be granted and the appeal be dismissed.']