Bubner v The Queen

The applicant, Bubner, appealed against a sentence imposed by the District Court for offences including culpable driving causing death. The appeal concerned the severity of the sentence and the period of disqualification from holding a driver's licence.

The primary legal issues before the Court were whether the sentence of imprisonment was manifestly excessive and whether the 10-year disqualification period was appropriate. The Court was required to consider the principles of sentencing for culpable driving causing death, including the appropriate weight to be given to a guilty plea and the need for deterrence.

The Court found that the original sentence imposed was manifestly excessive. In resentencing, the Court adopted a notional starting point of six years imprisonment for each offence, with three years of the sentence for Count 2 to be served concurrently with the sentence for Count 1, resulting in a notional head sentence of nine years. This was then reduced by 25 per cent for the guilty pleas, leading to a head sentence of six years and nine months imprisonment. A non-parole period of five years and five months was fixed, commencing on 7 October 2021. The Court did not interfere with the 10-year prohibition from holding a driver's licence, commencing on the applicant's release date.