SUPREME COURT OF VICTORIA
COURT OF APPEAL
No 714 of 2008
| SHAUN GUTHRIDGE |
| v |
| THE QUEEN |
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| JUDGES | NEAVE and REDLICH JJA and COGHLAN AJA |
| WHERE HELD | MELBOURNE |
| DATE OF HEARING | 26 October 2009 |
| DATE OF ORDERS | 25 March 2010 |
| DATE OF REASONS FOR JUDGMENT | 9 June 2010 |
| MEDIUM NEUTRAL CITATION | [2010] VSCA 132 |
| JUDGMENT APPEALED FROM | R v Guthridge (Unreported, County Court of Victoria, Judge Howard, 19 June 2008) |
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CRIMINAL LAW – Conviction – Dangerous driving causing death – Drivers ‘racing’ each other – Acting in concert – Aiding and abetting – Directions as to elements of offence failed to adequately distinguish between culpable driving and dangerous driving causing death – R v De Montero [2009] VSCA 255, applied – Evidence sufficient to support conviction on basis of aiding and abetting – Adequate directions as to modes of liability – Application for leave to appeal granted – Appeal allowed.
CRIMINAL LAW – Sentence – Applicant re-sentenced due to successful appeal against conviction – Same sentences imposed on remaining counts.
PRACTICE AND PROCEDURE – Appeal – Substantial portion of non-parole period served – Verdict of acquittal entered.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr P J Morrissey SC | Leanne Warren & Associates |
| For the Crown | Mr T Gyorffy with Mr B L Sonnet | Mr C Hyland, Solicitor for Public Prosecutions |
NEAVE JA
REDLICH JA
COGHLAN AJA:
The applicant, Shaun Ian Guthridge was presented on counts of culpable driving (count 1), failing to stop a vehicle after an accident (count 2) and failing to render assistance after an accident (count 3). He was convicted by a jury on the alternative offence to count 1 (dangerous driving causing death) and on the other two counts. After hearing a plea in mitigation of sentence, the judge sentenced him as follows:
Count
Offence
Term
Cumulation
Alternative to count 1
Dangerous driving causing death
3 years’ imprisonment
2
Failing to stop vehicle after accident
12 months’ imprisonment
6 months on count 1
3
Failing to render assistance after accident
12 months’ imprisonment
This amounted to a total effective sentence of 3 years and 6 months’ imprisonment. His Honour ordered a non-parole period of 2 years and 6 months and declared that the applicant had spent 56 days in pre-sentence detention.
The applicant sought leave to appeal against his conviction for dangerous driving causing death and against his sentence. On 25 March 2010 the Court of Appeal ordered that leave to appeal be granted and the conviction for dangerous driving causing death be quashed. Given that the applicant had served about approximately 1 year and 11 months in custody, the Court ordered that a verdict of acquittal on that count be entered.[1] The orders cancelling the applicant’s licences and permits to drive and disqualifying the applicant from obtaining any such licence and permit for a period of four years under s 61(1) of the Road Safety Act1986 were confirmed.[2] The applicant was re-sentenced to 12 months’ imprisonment on each of counts 2…
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- AGLC
- Guthridge v R [2010] VSCA 132
- Case
- [2010] VSCA 132
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