Adam v R [2014] NSWCCA 265

Adam v R [2014] NSWCCA 265

The sentence was not manifestly excessive. Section 52AB offences are not tethered to dangerous driving; they are concerned with failing to stop and assist after an impact causing death or grievous bodily harm where the driver knows or ought reasonably to know of those consequences. The applicant's negligent driving was an agreed fact and was relevant to what he knew or ought to have known and to the gravity of the offending. The possibility of summary disposal or of a different lesser charge was not a basis for reducing the sentence, particularly given the seriousness of the impact, the death and grievous bodily harm caused, and the appropriateness of the District Court proceedings. No...

Jurisdiction
Australia
Judgment Date
20 November 2014
Procedural Posture
Criminal Leave to Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the NSW Court of Criminal Appeal From Sentence Imposed by Madgwick ADCJ on 20 February 2014
Outcome
Leave to appeal granted, but appeal dismissed.
Legal Topics
['manifestly Excessive Sentence' 'failure to Stop and Assist After Vehicle Impact Causing Death or Grievous Bodily Harm' 'crimes Act 1900 (nsw) S 52 Ab' 'summary Disposal' 'negligent Driving' 'prosecutorial Discretion']
['criminal Law' 'sentencing'] ['manifestly Excessive Sentence' 'failure to Stop and Assist After Vehicle Impact Causing Death or Grievous Bodily Harm' 'crimes Act 1900 (nsw) S 52 Ab' 'summary Disposal' 'negligent Driving' 'prosecutorial Discretion']

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 Leave to Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the NSW Court of Criminal Appeal From Sentence Imposed by Madgwick ADCJ on 20 February 2014

Legal Issues

  1. 1 ['Whether the sentence imposed for offences under s 52AB(1) and (2) of the Crimes Act 1900 (NSW) was manifestly excessive.' 'Whether the sentencing judge erred by not treating as mitigating that the s 52AB charges could have been dealt with summarily.' 'Whether the sentencing judge erred by taking into account that the applicant had avoided prosecution for negligent driving occasioning death.' "Whether negligent driving could be taken into account as part of the applicant's criminality for the s 52AB offences." 'Whether offences under s 52AB are tethered to dangerous driving rather than negligent driving.']

Ratio Decidendi

The sentence was not manifestly excessive. Section 52AB offences are not tethered to dangerous driving; they are concerned with failing to stop and assist after an impact causing death or grievous bodily harm where the driver knows or ought reasonably to know of those consequences. The applicant's negligent driving was an agreed fact and was relevant to what he knew or ought to have known and to the gravity of the offending. The possibility of summary disposal or of a different lesser charge was not a basis for reducing the sentence, particularly given the seriousness of the impact, the death and grievous bodily harm caused, and the appropriateness of the District Court proceedings. No...

Court Disposition

Leave to appeal granted, but appeal dismissed.

Orders

  • ['Grant leave to appeal.' 'Order that the appeal be dismissed.']