Regina v Stephen Joseph SCOTT [1999] NSWCCA 233

Regina v Stephen Joseph SCOTT [1999] NSWCCA 233

The Court was not persuaded that the sentencing judge made any error in approach. The applicant's high speed, erratic driving over a substantial distance while highly intoxicated, the risk posed to many people, and the grievous bodily harm actually caused justified treating the aggravating factors as present to a material degree and the threshold of abandoning responsibility as reached. The sentence remained within the sentencing discretion despite mitigating factors including the guilty plea.

Jurisdiction
Australia
Judgment Date
06 August 1999
Procedural Posture
Criminal Law Sentencing S 52 a Crimes Act / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal refused.
Legal Topics
['dangerous Driving Occasioning Grievous Bodily Harm' 'crimes Act 1900 (nsw) S 52 A' 'guideline Judgment' 'aggravating and Mitigating Factors' 'general Deterrence']
['criminal Law' 'sentencing'] ['dangerous Driving Occasioning Grievous Bodily Harm' 'crimes Act 1900 (nsw) S 52 A' 'guideline Judgment' 'aggravating and Mitigating Factors' 'general Deterrence']

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Procedural Posture

Criminal Law Sentencing S 52 a Crimes Act / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether leave to appeal against the sentence imposed for dangerous driving occasioning grievous bodily harm should be granted.' 'Whether the sentencing judge erred in applying the guideline judgment in Regina v Jurisic (1998) 45 NSWLR 209.' 'Whether the objective circumstances and aggravating factors justified the total term and minimum term imposed.']

Ratio Decidendi

The Court was not persuaded that the sentencing judge made any error in approach. The applicant's high speed, erratic driving over a substantial distance while highly intoxicated, the risk posed to many people, and the grievous bodily harm actually caused justified treating the aggravating factors as present to a material degree and the threshold of abandoning responsibility as reached. The sentence remained within the sentencing discretion despite mitigating factors including the guilty plea.

Court Disposition

Leave to appeal refused.

Orders

  • ['Leave to appeal refused.']