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)
Legal Issues
- 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']
Full Case Text
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