Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
- Amendment notes
Medium Neutral Citation: Bates v R [2020] NSWCCA 259 Hearing dates: 25 September 2020 Decision date: 07 October 2020 Before: Simpson AJA at [1]
Rothman J at [2]
Bellew J at [3]Decision: (1) Leave to appeal granted.
(2) Appeal dismissed.
Catchwords: CRIMINAL LAW – Sentence – Appeal – Offences of dangerous driving occasioning death and dangerous driving occasioning grievous bodily harm – Where applicant was driving a B-double vehicle along a motorway – Applicant took eyes off the road in order to retrieve a drink and removed both hands from the wheel – Vehicle suddenly left the northbound carriageway, crossed a wide median strip and entered the southbound carriageway where it collided with another vehicle killing the passenger and severely injuring the driver – Two drivers behind forced to take evasive action and collided with the trailer of the applicant’s truck after it had come to rest – Where sentencing judge found that this was not a case of momentary inattention – Whether this was a “typical” case of the kind identified in R v Whyte – Whether aggregate sentence of 4 years and 6 months’ imprisonment with a non-parole period of 3 years’ imprisonment was manifestly excessive – Serious offending – Not a typical case attracting the strict application of the guideline – Level of notional accumulation justified having regard to the injuries sustained to the driver – Finding of manifest excess not supported by reference to sentencing outcomes in other cases – Leave to appeal granted – Appeal dismissed
Legislation Cited: Crimes Act 1900 (NSW)
Cases Cited: Cahyadi v R (2007) 168 A Crim R 41; [2007] NSWCCA 1
Director of Public Prosecutions (DPP) (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45
Preston v R (2011) 57 MVR 346; [2011] NSWCCA 25
R v Clampitt-Wotton (2002) 37 MVR 340; [2002] NSWCCA 383
Category: Principal judgment Parties: Jeffrey Bates – Applicant
Regina – RespondentRepresentation: Counsel:
Solicitors:
L Brasch – Applicant
M Kumar – Respondent
Criminal Defence Group – Applicant
C Hyland – Solicitor for Public Prosecutions (NSW) – Respondent
File Number(s): 2017/311054 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court of NSW
- Jurisdiction:
- Criminal
- Date of Decision:
- 08 November 2019
- Before:
- Her Honour Judge Huggett
Judgment
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SIMPSON AJA: I agree with Bellew J.
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ROTHMAN J: I agree with Bellew J.
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BELLEW J: On 23 July 2019 Jeffrey Wayne Bates (the applicant) pleaded guilty before the District Court of New South Wales to an indictment containing the following counts:
On 14 October 2017, at Berrima in the State of New South Wales, did drive a vehicle,…
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- AGLC
- Bates v The Queen [2020] NSWCCA 259
- Case
- [2020] NSWCCA 259
- Decision Date
CaseChat Overview and Summary
The High Court examined the gravity of the applicant's offending, noting that it was not a typical case attracting the strict application of sentencing guidelines. The court highlighted the severe consequences of the applicant's actions, including the death of one person and grievous bodily harm to another. The court also considered the level of notional accumulation of the sentence and found it justified in light of the injuries sustained by the driver of the other vehicle. The court found that the sentencing judge had appropriately considered the circumstances of the case, including the prolonged period of dangerous driving and the severe outcomes. The finding of manifest excess was not supported by a reference to sentencing outcomes in other cases. Consequently, the court granted leave to appeal but dismissed the appeal, upholding the original sentence imposed by the sentencing judge.
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Background
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Evidence
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Decision
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Ratio Decidendi
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