Vale v R [2016] NSWCCA 154

Vale v R [2016] NSWCCA 154

The appeal failed because the applicant did not establish that the sentences were unreasonable or plainly unjust. The Court held that the level of criminality and moral culpability was significantly higher than in the comparison cases: the applicant was on parole, had a significant criminal record, drove at about...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
04 August 2016
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the District Court of NSW
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['aggravated Dangerous Driving Occasioning Grievous Bodily Harm' 'police Pursuit' 'manifest Excess' 'extra Curial Punishment' 'childhood Disadvantage' 'bugmy Considerations' 'totality']
['criminal Law' 'sentencing'] ['aggravated Dangerous Driving Occasioning Grievous Bodily Harm' 'police Pursuit' 'manifest Excess' 'extra Curial Punishment' 'childhood Disadvantage' 'bugmy Considerations' 'totality']

Source-derived case record

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the District Court of NSW

Legal Issues

  1. 1 ['Whether the sentences imposed were manifestly excessive.' "Whether the head sentence adequately reflected the applicant's childhood disadvantage and the principles applicable from Bugmy v The Queen." "Whether the head sentence adequately reflected the applicant's injuries as extra-curial punishment." 'Whether the sentence adequately reflected that the injury to the victim was at the lower end of seriousness.']

Ratio Decidendi

The appeal failed because the applicant did not establish that the sentences were unreasonable or plainly unjust. The Court held that the level of criminality and moral culpability was significantly higher than in the comparison cases: the applicant was on parole, had a significant criminal record, drove at about 155 km/h in an 80 km/h area during a police pursuit onto a dirt road while affected by illegal drugs, inadequately restrained a helpless 17 month old baby in the front passenger seat, and exposed the child to a high risk of catastrophic injury or death. The sentencing judge took into account the applicant's injuries as extra-curial punishment and his childhood background under...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'The appeal is dismissed.']