REGINA v JAWOROWSKI [1999] NSWCCA 430

REGINA v JAWOROWSKI [1999] NSWCCA 430

The sentencing judge failed to give due weight to the applicant's subjective circumstances when considering whether there were special circumstances justifying a reduction in the minimum term and an extension of the additional term, requiring the sentence to be restructured accordingly.

Parties
Crown: Regina; Applicant: Zigmunt Bruno Jaworowski
Jurisdiction
Australia
Judgment Date
29 October 1999
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Appeal allowed; sentence quashed; new sentence imposed
Legal Topics
Dangerous Driving Causing Death, Sentencing, Special Circumstances, Aggravating Features
Criminal Law Dangerous Driving Causing Death Sentencing Special Circumstances Aggravating Features

Case Brief

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Parties

Regina

Crown

Zigmunt Bruno Jaworowski

Applicant

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the sentencing judge erred in failing to find special circumstances justifying an altered sentence structure

Ratio Decidendi

The sentencing judge failed to give due weight to the applicant's subjective circumstances when considering whether there were special circumstances justifying a reduction in the minimum term and an extension of the additional term, requiring the sentence to be restructured accordingly.

Court Disposition

Appeal allowed; sentence quashed; new sentence imposed

Orders

  • Leave to appeal granted
  • Appeal allowed