R v Park [2001] NSWCCA 313

R v Park [2001] NSWCCA 313

The sentencing judge correctly applied the Jurisic guidelines, finding a material degree of intoxication amounting to abandonment of responsibility. The sentence imposed (two years imprisonment with a one-year non-parole period) was as lenient as possible under the guidelines and not erroneous, despite subjective factors.

Jurisdiction
Australia
Judgment Date
13 August 2001
Procedural Posture
Criminal Appeal / Leave to Appeal and Substantive Appeal
Outcome
Leave to appeal granted; appeal dismissed; sentencing order varied to direct release at expiration of non-parole period
Legal Topics
['sentencing' 'dangerous Driving Occasioning Grievous Bodily Harm' 'crimes Act 1900 (nsw) S52 A']
['criminal Law'] ['sentencing' 'dangerous Driving Occasioning Grievous Bodily Harm' 'crimes Act 1900 (nsw) S52 A']

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Procedural Posture

Criminal Appeal / Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge failed to give sufficient weight to subjective factors in sentencing for dangerous driving occasioning grievous bodily harm under s52A(3) of the Crimes Act 1900 (NSW)' 'Whether the sentencing order should recommend or direct release at the expiration of the non-parole period']

Ratio Decidendi

The sentencing judge correctly applied the Jurisic guidelines, finding a material degree of intoxication amounting to abandonment of responsibility. The sentence imposed (two years imprisonment with a one-year non-parole period) was as lenient as possible under the guidelines and not erroneous, despite subjective factors.

Court Disposition

Leave to appeal granted; appeal dismissed; sentencing order varied to direct release at expiration of non-parole period

Orders

  • ['Leave to appeal granted' 'Appeal dismissed' 'So much of the sentencing order framed as recommending the applicant’s release is varied to direct the applicant’s release']