Altun v The Queen

In the High Court of Australia, the applicant, Altun, sought leave to appeal against his sentence imposed by the Court of Appeal of the Supreme Court of Victoria. Altun was convicted of dangerous driving causing serious injury, and sentenced to three years and three months imprisonment, with a non-parole period of two years. The key legal issue before the Court was whether the sentence was manifestly excessive. Altun argued that the sentence should be reduced, taking into account the serious acquired brain injury he sustained during the commission of the offence, and that his life had changed significantly due to this injury. The Court considered whether the sentence imposed was manifestly excessive and whether there were other factors that should be taken into account, such as the ‘extra-curial’ punishment Altun had already endured.

The Court held that the sentence was manifestly excessive, taking into account the mitigating factors presented. The Court acknowledged that Altun had suffered a serious acquired brain injury during the commission of the offence, which had a significant impact on his life. The Court also considered the ‘extra-curial’ punishment Altun had already endured, such as the impact on his family and his own suffering, which were not fully reflected in the original sentence. The Court concluded that the sentence was manifestly excessive and granted leave to appeal. The appeal was allowed, and the head sentence was confirmed, but the non-parole period was reduced to 14 months. The Court found that there was no point of principle involved in the case.

The final orders of the Court were that leave to appeal was granted, the appeal was allowed, the head sentence was confirmed, and the non-parole period was reduced to 14 months. The Court did not find that there was a point of principle involved in the case.