SBF v R [2009] NSWCCA 231

SBF v R [2009] NSWCCA 231

No error of principle was established in the sentencing judge's approach to aggravating features, victim impact statements, or application of the De Simoni principle. The sentences, though substantial, were not manifestly excessive considering the gravity of the offences, need for general deterrence, and the applicant's late plea and limited remorse. Youth and inexperience did not warrant a lesser sentence in these circumstances.

Jurisdiction
Australia
Judgment Date
10 September 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence (post Conviction, Post Sentencing)
Outcome
Appeal against sentence dismissed
Legal Topics
['sentencing' 'aggravated Dangerous Driving Causing Death' 'assessment of Aggravating Features' 'victim Impact Statements' 'de Simoni Principle' 'manifest Excess' 'youth and General Deterrence']
['criminal Law'] ['sentencing' 'aggravated Dangerous Driving Causing Death' 'assessment of Aggravating Features' 'victim Impact Statements' 'de Simoni Principle' 'manifest Excess' 'youth and General Deterrence']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence (post Conviction, Post Sentencing)

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessment of aggravating features of offences.' 'Whether the sentencing judge misused victim impact statements.' 'Whether the judge breached De Simoni principle (sentencing on basis of more serious offence, i.e. manslaughter).' 'Whether sentence was manifestly excessive, particularly considering youth and inexperience.']

Ratio Decidendi

No error of principle was established in the sentencing judge's approach to aggravating features, victim impact statements, or application of the De Simoni principle. The sentences, though substantial, were not manifestly excessive considering the gravity of the offences, need for general deterrence, and the applicant's late plea and limited remorse. Youth and inexperience did not warrant a lesser sentence in these circumstances.

Court Disposition

Appeal against sentence dismissed

Orders

  • ['Time extended for the Applicant to seek leave to appeal against sentences imposed at the Newcastle District Court on 22 August 2008.' 'Leave granted to appeal with respect to sentence.' 'Appeal against sentence dismissed.']