CITATION: Harrigan v Regina [2005] NSWCCA 449
HEARING DATE(S): 15/12/2005
JUDGMENT DATE:
15 December 2005JUDGMENT OF: Grove J at 52; James J at 1; Simpson J at 53
DECISION: Extension of time to make application for leave to appeal against sentence granted. Leave to appeal against sentence granted. Appeal dismissed
CATCHWORDS: CRIMINAL LAW – SENTENCE – guilty pleas - offences of - dangerous driving occasioning grievous bodily harm - doing an act intending to pervert the course of justice – whether the sentencing judge erred in failing to make the sentence for perverting the course of justice offence (either in whole or part) concurrent with the driving offence – totality principle
LEGISLATION CITED: Crimes Act
CASES CITED: R v AEM [2002] NSWCCA 58
R v Duong (1999) 109 A Crim R 60
R v Giang [2001] NSWCCA 276
R v Hammoud (2000) 118 A Crim R 66
R v Ruane (1979) 1 A Crim R 284
R v Weldon (2002) 136 A Crim R 55PARTIES: Michael Leonard HARRIGAN v Regina
FILE NUMBER(S): CCA 2005/1486
COUNSEL: P Lowe - Applicant
P Barnett - CrownSOLICITORS: W Whitby - Applicant
S Kavanagh - solicitor for Public Prosecutions
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 02/21/0299
LOWER COURT JUDICIAL OFFICER: Tupman DCJ
IN THE COURT OF
CRIMINAL APPEAL
2005/1486
THURSDAY 15 DECEMBER 2005
MICHAEL HARRIGAN v REGINA
JUDGMENT
1 JAMES J: Michael Leonard Harrigan applies for an extension of time in which to apply for leave to appeal and, if an extension of time is granted, for leave to appeal against sentences imposed on him in the District Court on 27 February 2003 by her Honour Judge Tupman for two offences to which he had pleaded guilty.
2 The two offences were:
(1) Dangerous driving occasioning grievous bodily harm to Renee Shields.
The offences were committed on or shortly after 28 November 2001.(2) Doing an act intending to pervert the course of justice.
3 Dangerous driving occasioning grievous bodily harm is an offence under section 52A(3) of the Crimes Act for which the maximum penalty is imprisonment for seven years. Doing an act intending to pervert the course of justice is an offence under 319 of the Crimes Act for which the maximum penalty is imprisonment for 14 years.
4 For the offence of doing an act intending to pervert the course of justice her Honour imposed a sentence of a fixed term of imprisonment of 18 months commencing on the date of sentencing, 27 February 2003, and expiring on 26 August 2004. For the offence of dangerous driving occasioning grievous bodily harm her Honour imposed a total sentence of four years nine months, consisting of a non-parole period of three years three months commencing on 27 August 2004 and a balance of term of one year and six months. Her Honour accordingly made the sentence for the dangerous driving offence completely cumulative on the sentence for doing an act intending to pervert the course of justice.
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- AGLC
- Harrigan v Regina [2005] NSWCCA 449
- Case
- [2005] NSWCCA 449
- Decision Date
CaseChat Overview and Summary
The court examined the principles of sentencing in relation to concurrent and cumulative sentences, particularly in the context of dangerous driving and perverting the course of justice. The court noted that the totality principle requires that the aggregate sentence should not be excessive having regard to the mischief sought to be achieved by the sentence, and that the sentence should be proportionate to the gravity of the offences and the culpability of the offender. The court also considered the sentencing judge's reasoning, including the gravity of the dangerous driving offence, the appellant's culpability, and the need for deterrence. The court held that the sentencing judge had considered the totality principle and had not erred in imposing a cumulative sentence. The appellate court found that the sentencing judge's decision was consistent with the principles of sentencing and the facts of the case, and dismissed the appeal.
The court's decision confirms that the sentencing judge is entitled to impose a cumulative sentence when considering the totality principle, even in cases where the offences are related and the offender enters guilty pleas. The court's analysis provides guidance for sentencing judges when considering the totality principle in similar cases.
Orders
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Background
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Evidence
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Ratio Decidendi
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