Regina v Pates [2001] NSWCCA 142

Regina v Pates [2001] NSWCCA 142

The applicant failed to establish any grounds for reducing the sentence, including exceptional hardship to third parties; the sentence imposed was not excessive or disproportionate, and the sentencing judge had proper regard to all relevant considerations.

Parties
Respondent: Regina; Applicant: Stephen Pates
Jurisdiction
Australia
Judgment Date
06 April 2001
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Application for leave to appeal refused
Legal Topics
Dangerous Driving, Sentence Appeal, Hardship in Sentencing
Criminal Law Dangerous Driving Sentence Appeal Hardship in Sentencing

Case Brief

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Parties

Regina

Respondent

Stephen Pates

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether hardship to third parties is sufficient to reduce sentence
  2. 2 Whether sentence was manifestly excessive
  3. 3 Whether procedural fairness issues in representation and evidence were grounds for appeal

Ratio Decidendi

The applicant failed to establish any grounds for reducing the sentence, including exceptional hardship to third parties; the sentence imposed was not excessive or disproportionate, and the sentencing judge had proper regard to all relevant considerations.

Court Disposition

Application for leave to appeal refused

Orders

  • Application for leave to appeal is refused