Director of Public Prosecutions v Liu

The Director of Public Prosecutions (DPP) appealed to the Court of Criminal Appeal of New South Wales against the sentence imposed on Mr Liu, who had pleaded guilty to a charge of dangerous driving occasioning death. The DPP argued that the sentence of 18 months imprisonment, to be served by way of an intensive correction order, was manifestly inadequate.

The central legal issue before the Court was whether the sentencing judge had erred in principle by imposing an intensive correction order, rather than a full-time custodial sentence, for the offence of dangerous driving occasioning death, and whether the overall leniency of the sentence rendered it manifestly inadequate. The Court was required to consider the sentencing principles applicable to this offence, including the gravity of the conduct, the impact on the victim's family, and the need for general and specific deterrence.

The Court of Criminal Appeal found that the sentencing judge had failed to give sufficient weight to the objective seriousness of the offence and the need for general deterrence. While acknowledging the mitigating factors presented by Mr Liu, the Court determined that an intensive correction order was not an appropriate sentence in the circumstances, particularly given the fatal consequences of the dangerous driving. The Court applied the principles of sentencing for dangerous driving occasioning death, emphasizing that such offences warrant significant punishment to reflect the gravity of the loss of life.

Consequently, the Court of Criminal Appeal upheld the DPP's appeal, quashed the original sentence, and resentenced Mr Liu to two years and six months imprisonment, to be served by way of a full-time custodial sentence.