Regina v MENZIES [1999] NSWCCA 222

Regina v MENZIES [1999] NSWCCA 222

Although Jurisic showed that the order for home detention was erroneous and a full-time custodial sentence should have been imposed, the respondent had nearly completed the home detention term because of unexplained delay in bringing the Crown appeal on, so the Court exercised its discretion consistently with...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 August 1999
Procedural Posture
Crown Application for Leave to Appeal Against Sentence / Court of Criminal Appeal
Outcome
Appeal dismissed; leave to appeal not allowed.
Legal Topics
['dangerous Driving Causing Death' 'crown Appeal Against Sentence' 'manifest Inadequacy' 'home Detention' 'delay' 'double Jeopardy']
['criminal Law' 'sentencing' 'criminal Procedure'] ['dangerous Driving Causing Death' 'crown Appeal Against Sentence' 'manifest Inadequacy' 'home Detention' 'delay' 'double Jeopardy']

Source-derived case record

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Procedural Posture

Crown Application for Leave to Appeal Against Sentence / Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence imposed for dangerous driving causing death was manifestly inadequate.' 'Whether the District Court erred by ordering that the term of imprisonment be served by way of home detention.' "Whether, despite demonstrated sentencing error, leave to appeal should be refused as a matter of discretion because of delay and the respondent's near completion of home detention."]

Ratio Decidendi

Although Jurisic showed that the order for home detention was erroneous and a full-time custodial sentence should have been imposed, the respondent had nearly completed the home detention term because of unexplained delay in bringing the Crown appeal on, so the Court exercised its discretion consistently with Everett and refused leave to appeal.

Court Disposition

Appeal dismissed; leave to appeal not allowed.

Orders

  • ['Leave to appeal is not allowed.']