R v Davies [2000] NSWCCA 84

R v Davies [2000] NSWCCA 84

The evidence was capable of supporting the jury's verdict that the appellant drove through a red traffic light in a grossly irresponsible manner, causing the death of a pedestrian. The sentence imposed was within the appropriate range considering the seriousness of the offence, community concern, and the absence of error by the sentencing judge as per the guidelines established in R v Jurisic.

Jurisdiction
Australia
Judgment Date
04 April 2000
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence From District Court
Outcome
Leave to appeal against sentence granted; Appeal against conviction and sentence dismissed.
Legal Topics
['dangerous Driving' 'sentencing' 'appellate Review' 'culpable Driving Causing Death']
['criminal Law' 'traffic Law'] ['dangerous Driving' 'sentencing' 'appellate Review' 'culpable Driving Causing Death']

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Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence From District Court

Legal Issues

  1. 1 ['Whether the verdict of the jury was unreasonable having regard to the evidence' 'Whether the sentence imposed was manifestly excessive or affected by error']

Ratio Decidendi

The evidence was capable of supporting the jury's verdict that the appellant drove through a red traffic light in a grossly irresponsible manner, causing the death of a pedestrian. The sentence imposed was within the appropriate range considering the seriousness of the offence, community concern, and the absence of error by the sentencing judge as per the guidelines established in R v Jurisic.

Court Disposition

Leave to appeal against sentence granted; Appeal against conviction and sentence dismissed.

Orders

  • ['Appeal against conviction dismissed' 'Leave to appeal against sentence granted' 'Appeal against sentence dismissed' 'Sentence of imprisonment imposed by the District Court confirmed']