Measures v The Queen

In *Measures v The Queen*, the appellant, Mr. Measures, appealed against a sentence imposed by the District Court of South Australia for a charge of dangerous driving occasioning death. The appeal concerned the appropriate sentence for such an offence, particularly in light of the appellant's prior good character and the circumstances of the offending.

The central legal issue before the Full Court of the Supreme Court of South Australia was whether the sentence of three years and six months imprisonment, with a non-parole period of two years, was manifestly excessive. The Court was required to consider the principles of sentencing for dangerous driving, including the gravity of the offence, the need for deterrence, and the personal circumstances of the offender.

The Court acknowledged that dangerous driving occasioning death is a serious offence requiring a significant custodial sentence. However, it also recognised the importance of giving due weight to mitigating factors, such as the appellant's remorse, his previous unblemished record, and the fact that the accident was a tragic consequence of a momentary lapse in attention rather than deliberate recklessness. The Court applied the principle that a sentence must be proportionate to the gravity of the offence and the culpability of the offender, and that the sentencing judge had erred in failing to give sufficient weight to the mitigating factors presented.

Consequently, the Full Court allowed the appeal, quashing the original sentence and imposing a reduced sentence of two years and six months imprisonment, with a non-parole period of one year and six months.