Thompson v R [2007] NSWCCA 299

Thompson v R [2007] NSWCCA 299

The sentencing judge did not err. The objective seriousness and moral culpability of each aggravated dangerous driving offence were extremely high, including excessive speed, alcohol, failure to stop at a stop sign, the deaths of two passengers, and leaving the scene without summoning help. The individual sentences and aggregate sentence were within the sentencing discretion; partial accumulation properly reflected separate criminality; the late pleas justified a utilitarian discount at the lower end of the range; and the aggregate non-parole period did not negate the finding of special circumstances.

Jurisdiction
Australia
Judgment Date
24 October 2007
Procedural Posture
Application for Leave to Appeal Against Sentence / New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['aggravated Dangerous Driving Occasioning Death' 'manifest Excess' 'totality Principle' 'guilty Plea Discount' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing' 'criminal Appeals'] ['aggravated Dangerous Driving Occasioning Death' 'manifest Excess' 'totality Principle' 'guilty Plea Discount' 'special Circumstances' 'non Parole Period']

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Procedural Posture

Application for Leave to Appeal Against Sentence / New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the individual sentences and overall sentence were manifestly excessive.' 'Whether the sentencing judge failed to properly apply the principle of totality and erred in ordering partial accumulation of sentences.' 'Whether the sentencing judge erred in determining the credit for the pleas of guilty, including the utilitarian discount.' 'Whether the sentencing judge structured the sentences so as effectively to deprive the applicant of the finding of special circumstances.']

Ratio Decidendi

The sentencing judge did not err. The objective seriousness and moral culpability of each aggravated dangerous driving offence were extremely high, including excessive speed, alcohol, failure to stop at a stop sign, the deaths of two passengers, and leaving the scene without summoning help. The individual sentences and aggregate sentence were within the sentencing discretion; partial accumulation properly reflected separate criminality; the late pleas justified a utilitarian discount at the lower end of the range; and the aggregate non-parole period did not negate the finding of special circumstances.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']