| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2022 0152 |
| CHRISTOPHER HENNESSEY | Appellant |
| v | |
| THE KING | Respondent |
---
| JUDGES: | EMERTON P and WHELAN JA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 13 November 2023 |
| DATE OF JUDGMENT: | 1 February 2024 |
| MEDIUM NEUTRAL CITATION: | [2024] VSCA 2 |
| JUDGMENT APPEALED FROM: | [2022] VCC 1600 (Judge Tinney) |
---
CRIMINAL LAW – Appeal – Sentence – Sentence of 12 years’ imprisonment on charge of culpable driving causing death – Total cumulation of three years’ imprisonment on seven charges of conduct endangering life and one charge of conduct endangering persons – Whether sentence on culpable driving, the cumulations, and the total effective sentence are manifestly excessive – Whether judge erred in finding appellant must have known he was not fit to drive – Appeal dismissed.
Sentencing Act 1991 ss 5A, 5B.
Worboyes v The Queen [2021] VSCA 169; R v Singh [2021] VSC 182; Singh v The Queen [2022] VSCA 178; DPP v OJA (2007) 172 A Crim R 181; Leimonitis v The Queen [2018] VSCA 198; Lowndes v The Queen (1999) 195 CLR 66; Saab v The Queen [2012] VSCA 165.
---
| Counsel | |||
| Appellant: | Ms A Brennan with Ms J McColl | ||
| Respondent: | Ms D Piekusis KC | ||
Solicitors | |||
| Appellant: | Victoria Legal Aid | ||
| Respondent: | Ms A Hogan, Solicitor for Public Prosecutions | ||
EMERTON P
WHELAN JA:
On 14 September 2022, the appellant pleaded guilty to one charge of culpable driving causing death, seven charges of conduct endangering life, one charge of conduct endangering persons and a related summary offence.
Following a plea that same day in the County Court, the appellant was sentenced on 19 September 2022 as follows:
Charge Offence Maximum Sentence Cumulation 1 Culpable driving causing death[1] 20 years 12 years Base 2 Conduct endangering life[2] 10 years 4 years 6 months[3] 17 months 3 Conduct endangering life 10 years 3 years 6 months 3 months 4 Conduct endangering life 10 years 3 years 3 months 5 Conduct endangering life 10 years 3 years 3 months 6 Conduct endangering persons[4] 5 years 12 months 1 month 7 Conduct endangering life 10 years 3 years 3 months 8 Conduct endangering life 10 years 3 years 6 months 3 months 9 Conduct endangering life 10 years 3 years 3 months Related Summary Offence 17 Drive without a licence[5] 60 penalty units or 6 months’ imprisonment 7 days Total Effective Sentence: 15 years’ imprisonment Non-Parole Period: 11 years Section 6AAA Statement: 17 years and 6 months’ imprisonment [1]Contrary to s 318(1) of the Crimes Act 1958.
[2]Contrary to s 22 of the Crimes Act 1958.
[3]In the judge’s orders, the sentence was to 54 months’ imprisonment. For ease of reference, we have converted this to 4 years 6 months. We have similarly converted the sentences on charges 3 and 8.
[4]Contrary to s 23 of the Crimes Act 1958.
[5]Contrary to s 18(1) of the Road Safety Act 1986.
On 8 May 2023, Kyrou JA granted the…
Continue reading Hennessey v The King
Sign in free to access the full text
- AGLC
- Hennessey v The King [2024] VSCA 2
- Case
- [2024] VSCA 2
- Decision Date
CaseChat Overview and Summary
The central legal issues the court had to address were whether the sentence for culpable driving, the cumulative sentences, and the total effective sentence were manifestly excessive. Additionally, the court had to determine if the judge erred in concluding that the appellant must have known he was unfit to drive. The court needed to examine these issues in the context of the principles of sentencing and the relevant legislative framework, including the Sentencing Act 1991.
The court found that the sentence imposed was not manifestly excessive, considering the gravity of the offence and the appellant’s previous history of similar offending. The court upheld the judge’s assessment that the appellant must have known he was unfit to drive, based on his actions and previous conduct. The appeal was dismissed, with the court affirming that the judge correctly applied the law and sentencing principles. The total effective sentence of 14 years was upheld as appropriate given the circumstances.
The final orders of the court were that the appeal was dismissed, and the original sentence was affirmed. The court did not alter the sentence or the findings of the trial judge, maintaining the total effective sentence of 14 years’ imprisonment.
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.