Markham v Regina

In the case of Markham v Regina, the applicant, Markham, appealed against the sentence imposed for dangerous driving occasioning death. Markham was convicted for driving a heavy vehicle in a manner that was dangerous and caused the death of a pedestrian. The Court of Appeal assessed whether the sentence was manifestly excessive in light of the relevant guidelines.

The primary legal issue before the court was whether the sentence imposed by the trial judge was manifestly excessive. The court was required to consider the principle articulated in R v Whyte, which provides guidance on the appropriate sentence for dangerous driving occasioning death. The court needed to determine if the sentence departed to such an extent from the guideline as to be manifestly excessive.

The Court of Appeal found that the sentence imposed was not manifestly excessive. The trial judge had considered the relevant principles and guidelines in R v Whyte and had appropriately balanced the factors relevant to the offence. The court held that the sentence was within the range of appropriate penalties for the offence, and therefore, the sentence was not manifestly excessive. Consequently, the appeal against sentence was dismissed. The Court of Appeal's decision affirmed the trial judge's sentence, and no further orders were made.