Regina v Bicheno [1999] NSWCCA 148

Regina v Bicheno [1999] NSWCCA 148

No sentencing error was demonstrated. The applicant's blood alcohol reading of 0.263 percent was far above the aggravated threshold, there were two victims, and the Jurisic guideline did not impose an arithmetical cap based on the percentage increase between maximum penalties for the basic and aggravated offences. The sentence of four years imprisonment with minimum and additional terms of two years did not manifest a miscarriage in the exercise of sentencing discretion.

Jurisdiction
Australia
Judgment Date
09 June 1999
Procedural Posture
Criminal Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal
Outcome
Application for leave to appeal granted; appeal dismissed.
Legal Topics
['aggravated Dangerous Driving Occasioning Grievous Bodily Harm' 'blood Alcohol Concentration' 'guideline Judgment' 'multiple Victims' 'severity Appeal']
['criminal Law and Procedure' 'sentencing'] ['aggravated Dangerous Driving Occasioning Grievous Bodily Harm' 'blood Alcohol Concentration' 'guideline Judgment' 'multiple Victims' 'severity Appeal']

Case Brief

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Procedural Posture

Criminal Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence of four years imprisonment with minimum and additional terms of two years on each count was manifestly excessive or otherwise affected by sentencing error.' 'Whether the guideline judgment in R v Jurisic required an arithmetical or proportional limit on increasing sentence for the aggravated form of the offence.' 'How the presence of two victims and a very high blood alcohol concentration bore upon sentence.']

Ratio Decidendi

No sentencing error was demonstrated. The applicant's blood alcohol reading of 0.263 percent was far above the aggravated threshold, there were two victims, and the Jurisic guideline did not impose an arithmetical cap based on the percentage increase between maximum penalties for the basic and aggravated offences. The sentence of four years imprisonment with minimum and additional terms of two years did not manifest a miscarriage in the exercise of sentencing discretion.

Court Disposition

Application for leave to appeal granted; appeal dismissed.

Orders

  • ['Application for leave to appeal granted.' 'Appeal dismissed.']