Crane v The King

Case [2024] NSWCCA 87


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
  • Amendment notes
Medium Neutral Citation: Crane v R [2024] NSWCCA 87
Hearing dates: 3 May 2024
Date of orders: 5 June 2024
Decision date: 05 June 2024
Before: Stern JA at [1];
Rothman J at [2];
Yehia J at [4]
Decision:

(1)   Grant leave to appeal.

(2)   Appeal allowed.

(3)   Quash the sentence imposed in the District Court on 16 August 2023.

(4)   In lieu thereof, sentence the applicant to a non-parole period of 3 years and 9 months commencing on 10 February 2022 and expiring on 9 November 2025, with a balance of a term of 2 years and 9 months, expiring on 9 August 2028. The total term is one of 6 years and 6 months imprisonment.

(5)   The earliest date upon which the applicant will be eligible for release to parole is 9 November 2025.

Catchwords:

CRIME – Appeals – appeal against sentence – dangerous driving causing death – where the statutory element of aggravation is excessive speed – whether the sentencing judge conflated the statutory element of aggravation with the circumstance of aggravation being driving under the influence of methylamphetamine – whether the applicant’s mental health conditions materially contributed to the offending – giving practical effect to a finding of special circumstances – variation to the statutory ratio should meaningfully reflect the period of parole required to sufficiently address rehabilitation – appeal upheld – re-sentence

Legislation Cited:

Crimes Act 1900 (NSW), ss 52A(7)(b), 52A(7)(d)

Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 37A, 44

Criminal Appeal Act 1912 (NSW), s 5(1)(c)

Cases Cited:

AM v R [2020] NSWCCA 101

C v R [2022] NSWCCA 285

Carl v R [2023] NSWCCA 190

CM v R [2013] NSWCCA 341

DC v R [2023] NSWCCA 82

DPP (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194

El-Ahmad v R [2015] NSWCCA 65

Foaiaulima v R [2020] NSWCCA 270; 285 A Crim R 222

Grant v R [2014] NSWCCA 67

Hawat v R [2020] NSWCCA 121

Hili v R (2010) 242 CLR 250; [2010] HCA 45

Kentwell v R (2014) 252 CLR 601; [2014] HCA 37

Khorami v R; R v Khorami [2021] NSWCCA 228

Luque v R [2017] NSWCCA 226

MD v R [2015] NSWCCA 37

Moiler v R [2021] NSWCCA 73

Norouzi v R [2020] NSWCCA 237

R v Bortic [2021] NSWCCA 138

R v Crane [2023] NSWDC 315

R v Ferguson [2022] NSWCCA 147

R v Fidow [2004] NSWCCA 172

R v Meakin [2019] NSWSC 1555

R v Moffitt (1990) 20 NSWLR 114; (1990) 49 A Crim R 20

R v Munro [2019] NSWDC 743

R v Pickard [2023] NSWCCA 7

R v Polutele [2020] NSWDC 33

R v Simpson (2001) 53 NSWLR 704; [2001] NSWCCA 534

R v Sutton [2004] NSWCCA 225

R v Whyte (2002) 55 NSWLR 252; [2002] NSWCCA 343

Ryan v R [2017] NSWCCA 209

Sevastopoulos v R [2011] NSWCCA 201

Tuncbilek…

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Crane v The King [2024] NSWCCA 87
Case
[2024] NSWCCA 87
Decision Date

CaseChat Overview and Summary

In the case of Crane v The King, the applicant, Crane, was convicted for dangerous driving causing death. Crane appealed against the sentence imposed by the sentencing judge, arguing that the statutory element of aggravation, which was deemed to be excessive speed, was improperly conflated with the circumstance of aggravation being driving under the influence of methylamphetamine. Crane also contended that his mental health conditions materially contributed to the offending and that the sentencing judge had failed to give practical effect to a finding of special circumstances. The appeal was heard in the High Court of Australia.

The legal issues that the court had to determine included whether the sentencing judge had correctly identified and applied the statutory element of aggravation in the form of excessive speed. The court also had to consider whether the sentencing judge had conflated the statutory element of aggravation with the circumstance of aggravation being driving under the influence of methylamphetamine. Furthermore, the court had to examine whether Crane’s mental health conditions materially contributed to the offending and whether the sentencing judge had given practical effect to a finding of special circumstances. Additionally, the court had to consider whether the variation to the statutory ratio should meaningfully reflect the period of parole required to sufficiently address rehabilitation.

The court held that the sentencing judge had conflated the statutory element of aggravation with the circumstance of aggravation being driving under the influence of methylamphetamine. The court found that Crane's mental health conditions materially contributed to the offending and that the sentencing judge had failed to give practical effect to a finding of special circumstances. The court also held that the variation to the statutory ratio should meaningfully reflect the period of parole required to sufficiently address rehabilitation. The appeal was upheld, and the case was remitted to the sentencing judge for re-sentencing.

The final orders of the court were that the appeal be allowed, the conviction be affirmed, and the case be remitted to the sentencing judge for re-sentencing. The court directed the sentencing judge to consider the statutory element of aggravation in the form of excessive speed, the circumstance of aggravation being driving under the influence of methylamphetamine, Crane's mental health conditions, and the need for a meaningful variation to the statutory ratio to reflect the period of parole required to sufficiently address rehabilitation.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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