Regina v Wayne Mark Kopacka [2005] NSWCCA 83

Regina v Wayne Mark Kopacka [2005] NSWCCA 83

No error was demonstrated in the sentencing process: the sentencing judge was entitled to reject claims about a mechanical defect due to lack of evidence and did not err in allowing a 15% reduction for utilitarian value of the plea in the circumstances of the case.

Parties
Applicant: Wayne Mark Kopacka; Respondent: Regina
Jurisdiction
Australia
Judgment Date
10 March 2005
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence, Determination of Appeal
Outcome
Appeal dismissed
Legal Topics
Sentencing, Culpable Driving, Aggravated Dangerous Driving, Utilitarian Value of Guilty Plea, Drink Driving Offences
Criminal Law Sentencing Culpable Driving Aggravated Dangerous Driving Utilitarian Value of Guilty Plea Drink Driving Offences

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Parties

Wayne Mark Kopacka

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence, Determination of Appeal

Legal Issues

  1. 1 Whether the absence of the vehicle deprived the applicant of the opportunity to demonstrate a mechanical defect causing the accident
  2. 2 Whether the sentencing judge erred by granting a 15% reduction for utilitarian value of guilty plea rather than 25%

Ratio Decidendi

No error was demonstrated in the sentencing process: the sentencing judge was entitled to reject claims about a mechanical defect due to lack of evidence and did not err in allowing a 15% reduction for utilitarian value of the plea in the circumstances of the case.

Court Disposition

Appeal dismissed

Orders

  • Time for filing notice of application for leave to appeal extended to 5 November 2004
  • leave to appeal granted