Priovolidis v R [2016] NSWCCA 201

Priovolidis v R [2016] NSWCCA 201

The double punishment principle was not engaged because the conduct relied upon as constituting the offences was separate and distinct, both temporally and in locality, and thus the applicant was not punished twice for common elements; the sentencing judge's approach was not erroneous.

Parties
Applicant: Spiros Priovolidis; Respondent: Regina
Jurisdiction
Australia
Judgment Date
21 September 2016
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
leave to appeal granted; appeal dismissed
Legal Topics
Sentence, Double Punishment, Police Pursuit, Aggravated Dangerous Driving Occasioning Grievous Bodily Harm
Criminal Law Sentence Double Punishment Police Pursuit Aggravated Dangerous Driving Occasioning Grievous Bodily Harm

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Parties

Spiros Priovolidis

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred by imposing double punishment for elements common to offences under s 51B(1) and s 52A(4) Crimes Act 1900 (NSW)
  2. 2 Whether on the facts the offences relate to a single act or to separate and discrete sets of conduct

Ratio Decidendi

The double punishment principle was not engaged because the conduct relied upon as constituting the offences was separate and distinct, both temporally and in locality, and thus the applicant was not punished twice for common elements; the sentencing judge's approach was not erroneous.

Court Disposition

leave to appeal granted; appeal dismissed

Orders

  • Grant leave to appeal against sentence.
  • Appeal dismissed.