DPP v Janson

Case [2011] VSCA 19


SUPREME COURT OF VICTORIA

COURT OF APPEAL

No S APCR 2010 0231

DIRECTOR OF PUBLIC PROSECUTIONS

v
BRETT ANTHONY JANSON

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JUDGES NETTLE and NEAVE JJA and KYROU AJA
WHERE HELD MELBOURNE
DATE OF HEARING 3 February 2011
DATE OF JUDGMENT 4 February 2011
MEDIUM NEUTRAL CITATION [2011] VSCA 19
JUDGMENT APPEALED FROM DPP v Janson, (Unreported, County Court of Victoria, Judge Hampel, 23 June 2010)

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CRIMINAL LAW – Sentencing – Director’s appeal – Dangerous driving causing death (2 counts) and dangerous driving causing serious injury (3 counts) – Respondent in control of large prime mover and trailer – Entered intersection against traffic lights at 70 kph – Failing to keep proper lookout ahead for between 10 and 11 seconds – Whether sentence of three years wholly suspended for three years and a Community Based order of 250 hours over a two year period manifestly inadequate – Whether appropriate case for exercise of discretion not to re-sentence – Whether recent Parliamentary increase in maximum sentencing penalty taken wholly into account – Sentence manifestly inadequate – Resentenced to a total effective sentence of four years’ imprisonment with a non-parole period of two years.

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Appearances: Counsel Solicitors
For the Crown Mr J W Rapke QC, DPP
with Mrs C M Quin
Mr C Hyland, Solicitor for Public Prosecutions
For the Respondent Mr O P Holdenson QC
with Mr E J Delany
Tony Hargreaves & Partners

NETTLE JA:

  1. On 23 June 2010, the respondent, Brett Anthony Janson, was sentenced by a judge of the County Court on two counts of dangerous driving causing death, to which he pleaded guilty, to a total sentence of three years’ imprisonment, wholly suspended for three years, and on three counts of dangerous driving causing serious injury, to which he also pleaded guilty, to a community based order with a condition of 250 hours unpaid community work over two years.  The judge further ordered that the respondent’s driving licence be cancelled and that he be disqualified from obtaining a licence for two years.

  1. The Crown now appeals against the sentence on grounds that the judge erred in failing to give full effect to the increase in maximum penalty for dangerous driving causing death (from five to ten years’ imprisonment) which was effected by s 5 of the Crimes Amendment (Child Homicide) Act 2008; erred in characterising the respondent’s offences of dangerous driving causing death as being at the low end of the dangerous driving scale, and his offences of dangerous driving causing serious injury as being at the low level of the culpability hierarchy;  erred in approaching the matter on the basis that general deterrence carried less weight in sentencing in this case than it does generally in sentencing for offences of culpable driving causing death or negligently causing serious injury; erred in her perception of current sentencing practices; and imposed a sentence which was in all the circumstances manifestly inadequate.

Circumstances of the offending

  1. The facts appear from the judge’s sentencing remarks.  On…

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DPP v Janson [2011] VSCA 19
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[2011] VSCA 19
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CaseChat Overview and Summary

In the matter of the Director of Public Prosecutions versus Janson, the case was heard in the Court of Appeal. The appeal arose from a sentencing decision regarding the respondent who was found guilty of multiple charges related to dangerous driving. These included two counts of dangerous driving causing death and three counts of dangerous driving causing serious injury. The incidents involved the respondent operating a large prime mover and trailer, entering an intersection against traffic lights at a speed of 70 kph, and failing to maintain a proper lookout ahead for a significant period.

The central legal issue before the court was whether the original sentence of three years, wholly suspended for three years, and a Community Based order of 250 hours over a two-year period was manifestly inadequate. The court also needed to determine if it was an appropriate case for the exercise of the discretion not to re-sentence and whether the recent Parliamentary increase in the maximum sentencing penalty for such offences had been taken into account. The court examined the severity of the offences and the impact of the respondent's actions on the victims and their families.

The court found that the sentence was manifestly inadequate, considering the gravity of the offences and the Parliament's recent increase in the maximum sentencing penalty. The court held that the original sentence did not reflect the seriousness of the respondent's actions, which resulted in significant harm and loss of life. As a result, the court exercised its discretion to re-sentence the respondent to a total effective sentence of four years' imprisonment, with a non-parole period of two years. This decision emphasised the need for sentences to appropriately reflect the seriousness of dangerous driving offences that result in death or serious injury.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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