SUPREME COURT OF SOUTH AUSTRALIA
(Court of Criminal Appeal)
BULLOCK v THE QUEEN (No 2)
[2020] SASCFC 86
Judgment of The Court of Criminal Appeal
(The Honourable Justice Peek, The Honourable Justice Stanley and The Honourable Justice Nicholson)
10 September 2020
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - PRACTICE AND PROCEDURE - SENTENCING
Appeal against sentence.
The appellant was charged on Information with the following offences:
1. Aggravated driving without due care contrary to s 45(1) of the Road Traffic Act 1961 (SA) (Count 1), the offence being aggravated by reason that it caused the death of a person (s 45(3)(a)). The maximum penalty is one year imprisonment.
2. Leaving the scene of an accident after causing death contrary to s 19AB(1) of the Criminal Law Consolidation Act 1935 (SA) (Count 2). The maximum penalty is 15 years imprisonment.
3. In the alternative to Count 2, failing to stop, assist and present to police after an accident contrary to s 43(1) of the Road Traffic Act 1961 (SA) (Count 3).
On 12 February 2020, at about 8.00 pm, the appellant was driving a motor vehicle which collided with a child (ZC) aged two years and 10 months. ZC died as a result of his injuries. He had been playing on the road with his older sisters KC (aged five years) and MC (aged seven years). The appellant did not get out of his vehicle following the collision, instead driving on to his home, about 100 metres away. He had no mobile phone with him. After the appellant arrived home, his wife telephoned triple zero and reported the collision at 8.08 pm. The first police arrived at the scene at about 8.17 pm.
Following a jury trial and majority verdicts of guilty being returned on Counts 1 and 2, no verdict was taken on the alternative Count 3. The appellant appealed against his convictions. That appeal was dismissed by this Court on 29 October 2019.
The appellant was sentenced by the trial Judge to seven months imprisonment on Count 1 and four years imprisonment on Count 2, to be served cumulatively. Thus, the head sentence was four years seven months imprisonment and a non-parole period of three years eight months was fixed. He now appeals against that sentence on the basis that it is manifestly excessive.
Held per Peek J (Stanley J and Nicholson J agreeing), allowing the appeal:
1. The Judge imposed a just sentence of seven months for Count 1, having regard to the facts that: the maximum penalty is one year imprisonment; the appellant was not charged with “Cause Death By Dangerous Driving”; and that his offending was significantly less serious than the many such cases which involve intoxication (by alcohol or drugs) or very bad or very fast driving, none of…
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- AGLC
- Bullock v The Queen (No 2) [2020] SASCFC 86
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- [2020] SASCFC 86
- Decision Date
CaseChat Overview and Summary
The legal issues before the court concerned the appropriateness of the cumulative sentence and the non-parole period imposed. Specifically, the court had to consider whether the sentencing judge erred in ordering the sentences to be served consecutively, and whether the non-parole period was excessive in light of the circumstances of the offences and the appellant's history as a repeat offender. The court was also required to assess whether the overall sentence reflected an appropriate balance between punishment, deterrence, and rehabilitation, given the gravity of the offences, which involved a fatal collision with a young child and the appellant's subsequent failure to stop at the scene.
The court considered the facts of the collision, where the appellant's vehicle struck and killed a two-year-old child on a residential street. The appellant did not stop at the scene but drove to his nearby home before his wife contacted emergency services. The appellant's evidence suggested he swerved to avoid another child and then heard a noise, realising he had run over a child. He stated he panicked and left the scene due to fear, referencing a prior home invasion. The court noted the appellant's admission that his dog was unrestrained in the vehicle and that he had acknowledged running over a child and believing the child was dead. The court ultimately found that the sentence imposed was not manifestly excessive, taking into account the seriousness of the offences, including the failure to stop and render assistance, and the appellant's prior criminal record.
The appeal against sentence was dismissed.
Orders
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Background
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Evidence
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Decision
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