Green v Haase

Case [2012] WASC 213


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CRIMINAL

CITATION:   GREEN -v- HAASE [2012] WASC 213

CORAM:   HALL J

HEARD:   30 MAY 2012

DELIVERED          :   21 JUNE 2012

FILE NO/S:   SJA 1105 of 2011

BETWEEN:   DAVID RUSSELL GREEN

Appellant

AND

MICHELLE CLAIRE HAASE
Respondent

ON APPEAL FROM:

Jurisdiction              :  MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram  :MAGISTRATE R D YOUNG

File No  :MI 6874 of 2011, MI 6876 of 2011

Catchwords:

Criminal law - Dangerous driving causing death while under influence of drugs to such an extent as to be incapable of having proper control of the vehicle - Dangerous driving causing bodily harm in same circumstances - Whether total effective sentence of 2 years 10 months manifestly excessive - Whether total sentence 'crushing'

Legislation:

Road Traffic Act 1974 (WA), s 59, s 59A

Result:

Leave to appeal refused
Appeal dismissed

Category:    B

Representation:

Counsel:

Appellant:     Ms A S Rogers

Respondent:     Ms S Markham

Solicitors:

Appellant:     Andrew Maughan & Associates

Respondent:     Director of Public Prosecutions (WA)

Case(s) referred to in judgment(s):

Chan (1989) 38 A Crim R 337

Dinsdale v The Queen [2000] HCA 54; (2000) 202 CLR 321

Easthope v Whitney [2011] WASC 190

Giglia v The State of Western Australia [2010] WASCA 9

House v The King [1936] HCA 40; (1936) 55 CLR 499

Hunt v Callaghan [2011] WASC 10

Jarvis v The Queen (1993) 20 WAR 201

Lowndes v The Queen [1999] HCA 29; (1999) 195 CLR 665

McDougall v The State of Western Australia [2009] WASCA 232

Penny v The State of Western Australia [2006] WASCA 173; (2006) 33 WAR 48

Royer v The State of Western Australia [2009] WASC 139; (2009) 197 A Crim R 319

Taylor v The State of Western Australia [2009] WASCA 226

The State of Western Australia v Barron [2010] WASCA 27

The State of Western Australia v Butler [2009] WASCA 110

The State of Western Australia v Gibbs [2009] WASCA 9

The State of Western Australia v Olive [2011] WASCA 25

Wilson v The State of Western Australia [2010] WASCA 82

Winwood v Brown [2011] WASC 123

  1. HALL J: On 8 September 2011 David Russell Green, the appellant, was sentenced to a total effective term of 2 years and 10 months' imprisonment in the Magistrates Court at Midland. That sentence comprised 2 years and 6 months' imprisonment for an offence of dangerous driving causing death contrary to s 59(1)(a) of the Road Traffic Act 1974 (WA) and 4 months' imprisonment cumulative for a charge of dangerous driving causing bodily harm contrary to s 59A(1)(a) of the Act. In respect of both offences is was alleged that the appellant was under the influence of drugs to such an extent as to be incapable of having proper control of the vehicle. This form of the offence attracts a maximum penalty of 20 years' imprisonment.

  2. The appellant now seeks leave to appeal the sentences imposed.  There are two grounds of appeal.  The first ground is that…

Continue reading Green v Haase

Sign in free to access the full text

Details
AGLC
Green v Haase [2012] WASC 213
Case
[2012] WASC 213
Decision Date

CaseChat Overview and Summary

The appeal involved the respondent, Haase, who was charged with dangerous driving causing death and bodily harm while under the influence of drugs to the extent that he was incapable of proper control of the vehicle. The case was heard in the Supreme Court of South Australia, which heard the appeal from the sentence imposed by the Magistrates Court. The primary legal issues before the court were whether the total effective sentence of 2 years and 10 months was manifestly excessive, and if it was "crushing" in the sense that it would undermine the utility of imprisonment as a means of punishment.

The court examined the principles of sentencing, particularly those relating to dangerous driving causing death or bodily harm. It noted that the sentence should reflect the gravity of the offence and the culpability of the offender. The court also considered the impact of the sentence on the offender and the community, as well as the need for deterrence and rehabilitation. The court found that while the sentence was severe, it was not so excessive as to be manifestly unjust. It also found that the sentence was not crushing, as it left room for the offender to be rehabilitated and potentially contribute positively to society upon release. The court emphasised the importance of proportionality in sentencing and the need to balance the various factors involved in determining an appropriate sentence.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.