Easthope v Whitney

Case [2011] WASC 190


EASTHOPE -v- WHITNEY [2011] WASC 190



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2011] WASC 190
Case No:SJA:1042/20114 JULY 2011
Coram:SIMMONDS J12/08/11
33Judgment Part:1 of 1
Result: Leave to appeal granted
Appeal against sentence dismissed
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Parties:DYLAN GERALD EASTHOPE
DANIEL GRAHAM WHITNEY

Catchwords:

Criminal law and procedure
Appeal against sentence
Dangerous driving involved in incident occasioning two deaths
Whether error in fact made
Whether sentences manifestly excessive
Use of comparable cases
Whether contributions of victims to incident occasioning deaths relevant to sentencing
Sentencing for multiple deaths occasioned by same incident involving same dangerous driving
Whether total effective sentence disproportionate to total criminality

Legislation:

Criminal Appeals Act 2004 (WA), pt 2
Road Traffic Act 1974 (WA), s 59, s 59B, s 64
Road Traffic Amendment (Dangerous  Driving) Act 2004 (WA)
Road Traffic Amendment Act (No 2) 2007 (WA)
Sentencing Act 1995 (WA), s 6

Case References:

Abeyakoon v Brown [2011] WASCA 63
Barron v The State of Western Australia [2010] WASCA 27
Blechynden v Bogumil [2011] WASC 4
Boyle v The State of Western Australia [2010] WASCA 97
Brown v The State of Western Australia [2010] WASCA 228
Brown v The State of Western Australia [2011] WASCA 111
Chan v The Queen (1989) 38 A Crim R 337
CSR Ltd v Della Maddalena [2006] HCA 1; (2006) 80 ALJR 458
Devine v State of Western Australia [2010] WASCA 94
Dinsdale v The Queen [2000] HCA 54 ; (2000) 202 CLR 321
Eves v The State of Western Australia [2008] WASCA 7; (2008) 49 MVR 259
Fox v Percy [2003] HCA 22; (2003) 214 CLR 118
Giglia v The State of Western Australia [2010] WASCA 9
Hili v The Queen [2010] HCA 45; (2010) 272 ALR 465
Hunt v Callaghan [2011] WASC 10
Longbottom v The State of Western Australia [2008] WASCA 203
Lowndes v The Queen [1999] HCA 29; (1999) 195 CLR 665
Nguyen v The State of Western Australia [2007] WASCA 114
Page v The Queen [2008] NSWCCA 26
Pearce v The Queen [1998] HCA 57; (1998) 194 CLR 610
Punch v The Queen (1993) 9 WAR 486
R v Janceski (No 2) [2005] NSWCCA 288
R v Stebbings (1990) 4 WAR 538
R v Tran [2002] VSCA 52; (2002) 4 VR 457
Roffey v The State of Western Australia [2007] WASCA 246
Taylor v The State of Western Australia [2009] WASCA 226
The State of Western Australia v Collier [2007] WASCA 250
The State of Western Australia v Eades [2011] WASCA 157
The State of Western Australia v Gibbs [2009] WASCA 7
The State of Western Australia v Olive [2011] WASCA 25
Wiltshire v Mafi [2010] WASCA 111
Winwood v Brown [2011] WASC 123
Wong v The Queen [2001] HCA 64; (2001) 207 CLR 584
Wood v The Queen [2002] WASCA 95
Woods v The Queen (1994) 14 WAR 341


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Easthope v Whitney [2011] WASC 190
Case
[2011] WASC 190
Decision Date

CaseChat Overview and Summary

Easthope was convicted of two counts of dangerous driving occasioning death in relation to an incident in which he was driving under the influence of alcohol and collided with a car, killing both occupants. Whitney, the appellant, was sentenced to a total effective sentence of 14 years imprisonment, comprising 10 years for each count of dangerous driving occasioning death, with a non-parole period of 7 years. Whitney appealed against his sentence, arguing that the trial judge had erred in fact, that the sentences were manifestly excessive, and that the contributions of the victims to the incident occasioning their deaths were relevant to sentencing. The appeal was heard by the Court of Appeal, which was required to determine whether the trial judge had erred in fact, whether the sentences were manifestly excessive, whether the contributions of the victims to the incident were relevant to sentencing, and whether the total effective sentence was disproportionate to the total criminality.

The court noted that the trial judge had considered the totality of the circumstances, including the gravity of the offences, the degree of culpability, and the impact on the victims' families. The court rejected the argument that the trial judge had erred in fact, finding that the evidence supported the trial judge's findings. The court also rejected the argument that the sentences were manifestly excessive, finding that the sentence reflected the gravity of the offences and the need for general deterrence. The court held that the contributions of the victims to the incident occasioning their deaths were not relevant to sentencing, as the focus should be on the culpability of the offender. Finally, the court held that the total effective sentence was not disproportionate to the total criminality, as the sentences reflected the gravity of the offences and the need for general deterrence.

The Court of Appeal dismissed the appeal against sentence. The court found that the trial judge had not erred in fact, that the sentences were not manifestly excessive, and that the contributions of the victims to the incident were not relevant to sentencing. The court held that the total effective sentence was proportionate to the total criminality, and that the appeal against sentence should be dismissed. The appeal was dismissed, and leave to appeal was granted.

Orders

Orders of the court

Leave to appeal granted

Appeal against sentence dismissed

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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