R v DOUGLASS [2001] NSWCCA 250

R v DOUGLASS [2001] NSWCCA 250

The applicant's circumstances, particularly the exceptional hardship to his wife and the extent of his own suffering and care, justify the quashing of the full-time custodial sentence and its replacement with a suspended sentence and good behaviour bond.

Parties
Respondent: Regina; Applicant: Robin Lyle Douglass
Jurisdiction
Australia
Judgment Date
23 May 2001
Procedural Posture
Criminal Appeal / Appeal Decision
Outcome
appeal allowed
Legal Topics
Sentencing, Drink Driving Offences, Impact on Offender's Family, Exceptional Circumstances
Criminal Law Sentencing Drink Driving Offences Impact on Offender's Family Exceptional Circumstances

Case Brief

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Parties

Regina

Respondent

Robin Lyle Douglass

Applicant

Procedural Posture

Criminal Appeal / Appeal Decision

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether exceptional circumstances justify a suspended sentence or non-custodial sentence
  3. 3 How hardship to the offender's spouse should be weighed in sentencing

Ratio Decidendi

The applicant's circumstances, particularly the exceptional hardship to his wife and the extent of his own suffering and care, justify the quashing of the full-time custodial sentence and its replacement with a suspended sentence and good behaviour bond.

Court Disposition

appeal allowed

Orders

  • The sentence imposed by Judge Freeman is quashed.
  • The applicant is sentenced to imprisonment for 21 months commencing 23 May 2001, suspended for 21 months.