REGINA v WHYTE [2002] NSWCCA 343
Guideline judgments, as reformulated to be taken into account but not prescriptively, are valid and applicable in sentencing for dangerous driving occasioning death or grievous bodily harm following statutory amendments. The sentence imposed, though manifestly inadequate, should not be disturbed due to delay occasioned by the proceedings serving as a test case. Appeal dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 20 August 2002
- Procedural Posture
- Crown Appeal (sentence) / Appeal Determined by Court of Criminal Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- ['sentencing' 'guideline Judgments' 'dangerous Driving Occasioning Death or Grievous Bodily Harm']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Crown Appeal (sentence) / Appeal Determined by Court of Criminal Appeal
Legal Issues
- 1 ['Whether the guideline judgment in R v Jurisic should be overruled following Wong v The Queen' 'Whether guideline judgments are impermissibly prescriptive or legislative in character' 'Effect of legislative amendments concerning guideline judgments on sentencing practice' 'Appropriateness of sentence imposed for aggravated dangerous driving occasioning grievous bodily harm']
Ratio Decidendi
Guideline judgments, as reformulated to be taken into account but not prescriptively, are valid and applicable in sentencing for dangerous driving occasioning death or grievous bodily harm following statutory amendments. The sentence imposed, though manifestly inadequate, should not be disturbed due to delay occasioned by the proceedings serving as a test case. Appeal dismissed.
Court Disposition
Appeal dismissed
Orders
- ['Appeal dismissed']
Full Case Text
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