REGINA v Stephen John SANDISON [2003] NSWCCA 320

REGINA v Stephen John SANDISON [2003] NSWCCA 320

The sentencing judge's characterisation of the offence as involving an abandonment of responsibility was well open on the facts; the degree of moral culpability and aggravating features justified the custodial sentence imposed, applying the relevant guideline judgments.

Parties
Respondent: REGINA; Appellant: Stephen John SANDISON
Jurisdiction
Australia
Judgment Date
29 August 2003
Procedural Posture
Criminal Appeal / Appeal From Sentencing
Outcome
Appeal dismissed
Legal Topics
Sentencing, Dangerous Driving, Moral Culpability, Guideline Judgments, Abandonment of Responsibility
Criminal Law Sentencing Dangerous Driving Moral Culpability Guideline Judgments Abandonment of Responsibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

REGINA

Respondent

Stephen John SANDISON

Appellant

Procedural Posture

Criminal Appeal / Appeal From Sentencing

Legal Issues

  1. 1 Whether the sentencing judge erred in characterising the applicant's driving as an abandonment of responsibility.
  2. 2 Appropriateness of the custodial sentence with reference to guideline judgments and moral culpability.

Ratio Decidendi

The sentencing judge's characterisation of the offence as involving an abandonment of responsibility was well open on the facts; the degree of moral culpability and aggravating features justified the custodial sentence imposed, applying the relevant guideline judgments.

Court Disposition

Appeal dismissed

Orders

  • Leave granted to appeal but appeal dismissed
  • Custodial sentence of two years imprisonment from 20 August 2002