Regina v Stephen Lawrence WELLS [1999] NSWCCA 226

Regina v Stephen Lawrence WELLS [1999] NSWCCA 226

The sentence imposed, comprising a total term of six years imprisonment with a minimum term of four years, was within the range permissible for such a serious offence of dangerous driving causing death while under the influence of drugs. The sentencing judge properly considered both objective and subjective factors, and no error or miscarriage of discretion was demonstrated. Leave to appeal was granted but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
04 August 1999
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence (severity)
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'dangerous Driving Causing Death' 'crimes Act 1900 S 52 A']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence (severity)

  1. 1 ['Whether the sentence imposed was manifestly excessive' "Whether sufficient weight was given to the applicant's health and other subjective circumstances"]

Ratio Decidendi

The sentence imposed, comprising a total term of six years imprisonment with a minimum term of four years, was within the range permissible for such a serious offence of dangerous driving causing death while under the influence of drugs. The sentencing judge properly considered both objective and subjective factors, and no error or miscarriage of discretion was demonstrated. Leave to appeal was granted but the appeal was dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Leave to appeal against sentence is granted' 'Appeal is dismissed']