Director of Public Prosecutions v BP

The Director of Public Prosecutions (the appellant) sought leave to appeal out of time against a sentence imposed by Justice Connolly on 31 January 2006. The appeal concerned the sentencing of the respondent for the offence of culpable driving causing death. The appeal was heard by Higgins CJ, Crispin P, and Gray J.

The central legal issue before the court was whether the original sentence imposed on the respondent was appropriate, particularly in light of the provisions of the *Children and Young People Act 1999* (ACT). The appellant sought to have the respondent re-sentenced so that the sentence expressly fell within the terms of that Act.

The Court granted the appellant leave to appeal out of time and dispensed with certain procedural rules to allow the appeal to be heard immediately. The Court set aside the original sentence for culpable driving causing death, save for the ancillary order disqualifying the respondent from holding a licence for six months. The Court then resentenced the respondent pursuant to sections 123(1)(a) and 96 of the *Children and Young People Act 1999* (ACT), committing the respondent to an institution for 18 months from 31 January 2006, followed by 18 months of probation under supervision. The Court also recommended that the power of remission under section 127 of the same Act not be exercised and confirmed the six-month driving licence disqualification.