Khoja v The Queen

The appellant, Khoja, was convicted of culpable driving causing death and negligently causing serious injury. He appealed against the sentence of eight years and six months imprisonment, with a non-parole period of five years and six months, imposed by the County Court of Victoria. The appellant, who had pleaded guilty to the charges, argued that the sentence should be reduced because of the impact of reactive stress disorder, which developed in response to his offending. The Court of Appeal considered the legal issues of whether the reactive mental condition required moderation of the sentencing principles of general or specific deterrence and whether the reactive condition constituted an injury sustained during the offending.

The Court of Appeal held that the reactive stress disorder did not require moderation of the sentencing principles of general or specific deterrence because the appellant had not been suffering from a mental impairment at the time of the offence. The court also held that the reactive condition did not constitute an injury sustained during the offending because it was a consequence of the appellant's offending rather than a direct result of the act itself. The court applied the principles set out in R v RLP and held that there was no error in the sentencing process. The appeal was dismissed.

The Court of Appeal did not alter the sentence imposed by the County Court. The appellant's appeal was dismissed, and the original sentence was upheld. The court found that the sentence was appropriate and reflected the seriousness of the offending. The court also noted that the appellant had shown remorse for his actions and had taken steps to address his reactive stress disorder. However, these factors did not warrant a reduction in the sentence.