Regina v Koosmen [2004] NSWCCA 359

Regina v Koosmen [2004] NSWCCA 359

The sentence imposed was not manifestly excessive given the high level of criminality, including driving under the influence of alcohol, excessive speed, erratic driving, and disregard for passenger safety; the sentencing judge took into account remorse, depression, and self punishment, but appropriately gave weight to objective seriousness.

Jurisdiction
Australia
Judgment Date
30 September 2004
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal Against Sentence
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['driving Under the Influence' 'sentencing' 'self Punishment' 'moral Culpability']
['criminal Law'] ['driving Under the Influence' 'sentencing' 'self Punishment' 'moral Culpability']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal and Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge adequately took into account the effect upon the applicant of the death of his closest friend' 'Whether the sentence was manifestly excessive']

Ratio Decidendi

The sentence imposed was not manifestly excessive given the high level of criminality, including driving under the influence of alcohol, excessive speed, erratic driving, and disregard for passenger safety; the sentencing judge took into account remorse, depression, and self punishment, but appropriately gave weight to objective seriousness.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

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