REGINA v Warwick Ross SULLIVAN [2004] NSWCCA 99

REGINA v Warwick Ross SULLIVAN [2004] NSWCCA 99

The sentencing judge did not err in applying the relevant guideline judgment or in assessing the applicant's moral culpability as high; given the presence of significant aggravating factors and after taking into account the early plea, rehabilitation, and quasi-custody, the sentence imposed was within the proper exercise of sentencing discretion and not manifestly excessive.

Parties
Applicant: Warwick Ross Sullivan; Respondent: Regina
Jurisdiction
Australia
Judgment Date
19 May 2004
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence; Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentencing, Dangerous Driving Occasioning Death, Guideline Judgments, Discount for Plea of Guilty, Quasi Custody, Moral Culpability
Criminal Law Sentencing Dangerous Driving Occasioning Death Guideline Judgments Discount for Plea of Guilty Quasi Custody Moral Culpability

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Parties

Warwick Ross Sullivan

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence; Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in failing to give a proper discount for the plea of guilty
  2. 2 Whether the sentencing judge erred in failing to give a proper discount for quasi-custody
  3. 3 Whether the sentence was manifestly excessive

Ratio Decidendi

The sentencing judge did not err in applying the relevant guideline judgment or in assessing the applicant's moral culpability as high; given the presence of significant aggravating factors and after taking into account the early plea, rehabilitation, and quasi-custody, the sentence imposed was within the proper exercise of sentencing discretion and not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.