REGINA v COUSINS [2002] NSWCCA 81

REGINA v COUSINS [2002] NSWCCA 81

The sentence for aggravated dangerous driving occasioning death was manifestly inadequate because the objective gravity of the offence was extremely high, involving deliberate evasion of police, fourteen minutes of high-speed dangerous driving through moderately to heavily trafficked suburban streets, running a red light at 130 to 140 kilometres per hour, death and grievous bodily harm, while the respondent was disqualified, in a stolen vehicle, and had an appalling criminal history. The respondent's subjective case and rehabilitative prospects were weak and did not justify special circumstances altering the statutory ratio. Re-sentencing was required, allowing a guilty plea discount and...

Jurisdiction
Australia
Judgment Date
05 March 2002
Procedural Posture
Criminal Sentencing Appeal / Crown Appeal to the New South Wales Court of Criminal Appeal Against Alleged Inadequacy of Sentence Imposed in the District Court
Outcome
Appeal allowed; sentence for aggravated dangerous driving occasioning death quashed and respondent re-sentenced.
Legal Topics
['crown Appeal Against Sentence' 'manifest Inadequacy' 'aggravated Dangerous Driving Occasioning Death' 'aggravated Dangerous Driving Occasioning Grievous Bodily Harm' 'guilty Plea Discount' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['crown Appeal Against Sentence' 'manifest Inadequacy' 'aggravated Dangerous Driving Occasioning Death' 'aggravated Dangerous Driving Occasioning Grievous Bodily Harm' 'guilty Plea Discount' 'special Circumstances' 'non Parole Period']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing Appeal / Crown Appeal to the New South Wales Court of Criminal Appeal Against Alleged Inadequacy of Sentence Imposed in the District Court

Legal Issues

  1. 1 ['Whether the sentence imposed for aggravated dangerous driving occasioning death was manifestly inadequate.' 'Whether the offence fell within the worst category, or amongst the worst, of offences of this kind.' "Whether the sentencing judge gave sufficient weight to the objective gravity of the offences against the respondent's subjective circumstances." 'Whether a discount for the guilty plea was appropriate and, if so, at what level.' 'Whether special circumstances justified varying the usual relationship between the head sentence and the non-parole period.']

Ratio Decidendi

The sentence for aggravated dangerous driving occasioning death was manifestly inadequate because the objective gravity of the offence was extremely high, involving deliberate evasion of police, fourteen minutes of high-speed dangerous driving through moderately to heavily trafficked suburban streets, running a red light at 130 to 140 kilometres per hour, death and grievous bodily harm, while the respondent was disqualified, in a stolen vehicle, and had an appalling criminal history. The respondent's subjective case and rehabilitative prospects were weak and did not justify special circumstances altering the statutory ratio. Re-sentencing was required, allowing a guilty plea discount and...

Court Disposition

Appeal allowed; sentence for aggravated dangerous driving occasioning death quashed and respondent re-sentenced.

Orders

  • ['The appeal is allowed.' 'The sentence for the offence of aggravated dangerous driving occasioning death is quashed.' 'In lieu, the respondent is sentenced to imprisonment for eight years commencing on 5 April 2001 and expiring on 4 April 2009.' 'A non-parole period of six years is set commencing on 5 April 2001...