DPP v Johnstone

The Director of Public Prosecutions brought an appeal against Johnstone following his conviction and sentencing for culpable driving. Johnstone was driving when he read a text message on his mobile phone, causing him to lose control of the vehicle. The vehicle rolled over, resulting in the deaths of two passengers and leaving another seriously injured. Johnstone was convicted and sentenced to a total effective term of four years and six months, with a non-parole period of two years and three months. The Director of Public Prosecutions appealed on the basis that the sentence was manifestly inadequate.

The court was required to determine whether the original sentence was manifestly inadequate. The court noted that the deaths of the two passengers and the serious injury of another were a result of the respondent’s gross negligence. The court also noted that Johnstone had no previous convictions, had shown remorse, and had cooperated with authorities throughout the proceedings. However, the court found that the original sentence did not reflect the seriousness of the offending and the loss of life. The court held that the original sentence was manifestly inadequate and allowed the appeal.

The court re-sentenced Johnstone to a total effective term of six years and nine months, with a non-parole period of three years and three months. The court noted that the re-sentence reflected the seriousness of the offending and the loss of life. The court also noted that the re-sentence was not excessive and took into account the respondent’s age, background, and remorse. The court held that the re-sentence was appropriate and proportionate to the offending. The appeal was allowed, and Johnstone was re-sentenced.