PARSONS -v- THE QUEEN [2000] WASCA 407

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2000] WASCA 407
Court:	COURT OF CRIMINAL APPEAL
Case No:	CCA:124/2000	Heard:	14 SEPTEMBER 2000
Coram:	PIDGEON J WALLWORK J WHEELER J	Delivered:	20/12/00
No of pages:	11	Judgment Part:	1 of 1
Result:	Appeal allowed Sentence reduced to a term of 2 years
PDF Version

Parties:	COREY LAWRENCE PARSONS THE QUEEN
Catchwords:	Criminal Law & Procedure Sentencing Dangerous driving causing death 18 year old offender Utility overturned in an area of road works Culpable driving for a considerable distance earlier Remorse shown 3 year sentence reduced to 2 years Turns on own facts
Legislation:	Road Traffic Act
Case References:	Bropho v R, unreported; CCA SCt of WA; Library No 940197; 14 April 1994 Colbung v R [1999] WASCA 138 R v White [2000] WASCA 118 Smith v The Queen [1976] WAR 97 Ainsworth v D (A Child) (1992) 7 WAR 102 Atholwood v The Queen (1999) 109 A Crim R 465 Fleming v The Queen, unreported; CCA SCt of WA; Library No 970005; 17 January 1997 Lowndes v The Queen (1999) 195 CLR 665 MacKereth v The Queen (1991) 12 MVR 463 Pinkstone v The Queen [2000] WASCA 228 Punch v The Queen (1993) 9 WAR 486 R v Bowers (1996) 23 MVR 489 R v Guilfoyle [1973] 2 All ER 844 R v Jurisic (1998) 101 A Crim R 259 R v Sheppard (1995) 77 A Crim R 139 R v Stebbings (1990) 4 WAR 538 R v Tait (1979) 46 FLR 386

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : PARSONS -v- THE QUEEN [2000] WASCA 407 CORAM : PIDGEON J

WALLWORK J

WHEELER J

HEARD : 14 SEPTEMBER 2000 DELIVERED : 20 DECEMBER 2000 FILE NO/S : CCA 124 of 2000 BETWEEN : COREY LAWRENCE PARSONS

Applicant

AND

THE QUEEN

Respondent

Catchwords:

Criminal Law & Procedure - Sentencing - Dangerous driving causing death - 18 year old offender - Utility overturned in an area of road works - Culpable driving for a considerable distance earlier - Remorse shown - 3 year sentence reduced to 2 years - Turns on own facts

Legislation:

Road Traffic Act

Result:

Appeal allowed

Sentence reduced to a term of 2 years

(Page 2)

Representation:

Counsel:

Applicant : Mr R A Mazza

Respondent : Mr R E Cock QC & Mr A S Derrick

Solicitors:

Applicant : Mazza & Mazza

Respondent : State Director of Public Prosecutions

Case(s) referred to in judgment(s):

Bropho v R, unreported; CCA SCt of WA; Library No 940197; 14 April 1994
Colbung v R [1999] WASCA 138
R v White [2000] WASCA 118
Smith v The Queen [1976] WAR 97

Case(s) also cited:

Ainsworth v D (A Child) (1992) 7 WAR 102
Atholwood v The Queen (1999) 109 A Crim R 465
Fleming v The Queen, unreported; CCA SCt of WA; Library No 970005; 17 January 1997
Lowndes v The Queen (1999) 195…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Parsons v The Queen

Details

AGLC: Parsons v The Queen [2000] WASCA 407
Case: [2000] WASCA 407
Decision Date: 20 DECEMBER 2000

CaseChat Overview and Summary

The appeal before the court involved the defendant, Parsons, who was convicted of dangerous driving causing death. The incident involved the overturning of a utility vehicle in an area of road works, resulting in the death of a passenger. The case was heard in the High Court of Australia. Parsons, an 18-year-old, had been driving irresponsibly for a significant distance prior to the fatal accident. He showed remorse for his actions, which was taken into consideration during sentencing. The initial sentence of three years was appealed on the grounds that it was excessive, and the appeal was subsequently allowed.

The primary legal issue before the court was whether the original sentence was appropriate given the circumstances of the case. The court had to consider the nature and severity of the offence, the culpability of the offender, and the mitigating factors, such as the defendant's age and expression of remorse. The court also needed to weigh these factors against the principle of deterrence and the need to protect the community from such reckless behaviour. The appeal hinged on the unique facts of the case, including the extensive period of culpable driving before the fatal incident and the defendant's remorse.

In reducing the sentence from three years to two, the court emphasised the importance of tailoring sentences to the specific circumstances of each case. The court acknowledged the gravity of the offence but considered the mitigating factors and the overall context. The court recognised the defendant's remorse as a significant factor that warranted a reduced sentence. The decision reflected a balanced approach that considered both the need for punishment and the potential for rehabilitation. The court's reasoning was grounded in the principle that sentences should reflect the individual circumstances of the offender and the offence, while also serving the broader goals of the criminal justice system.

Orders

Orders of the court

Appeal allowed

Sentence reduced to a term of 2 years

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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