Hueppauff v The King

The appeal in *Hueppauff v The King* concerned a sentence imposed on the appellant for three counts of driving dangerously causing death. The appellant argued that the sentence was manifestly excessive, particularly in relation to the decision not to suspend the sentence or order it to be served on home detention, and that the licence disqualification period was also excessive.

The Court of Appeal was required to determine whether the sentencing judge had erred in finding that there was no good reason to suspend the sentence or order it to be served on home detention, and whether the combined effect of the custodial sentence and the licence disqualification was manifestly excessive. In doing so, the court had to consider the objective seriousness of the offending, applying an objective standard to assess whether the driving subjected the public to a risk beyond that ordinarily associated with driving.

The court reasoned that while the appellant's offending did not involve aggravating factors such as intoxication or driving whilst disqualified, it did possess objectively serious features. These included driving too close to a semi-trailer, failing to appreciate the trailer's indicators, and attempting to overtake on a section of road with an unbroken white line approaching a crest that obscured oncoming traffic. The court affirmed that dangerous driving causing death is an offence of gravity, particularly given the loss of two lives and serious injury to another. While acknowledging the significant punishment the licence disqualification would represent for the appellant due to his residence, the court concluded that the combination of the immediate custodial sentence and the licence disqualification did not result in a manifestly excessive sentence.

Permission to appeal was granted, but the appeal itself was dismissed.