Pearce v The The Queen

Case [2022] NSWCCA 68


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Pearce v R [2022] NSWCCA 68
Hearing dates: 1 February 2022
Date of orders: 1 April 2022
Decision date: 01 April 2022
Before: Beech-Jones CJ at CL at [1]; Harrison J at [2]; Fagan J at [3]
Decision:

(1)   Extend time for the filing of the application for leave to appeal sufficient to allow the application to proceed on its merits;

(2)   Grant leave to appeal;

(3) In lieu of the period of automatic disqualification prescribed under s 205(2)(d)(i) of the Road Transport Act 2013 (NSW), order pursuant s 205(2)(d)(ii) of that Act that the applicant is disqualified from holding a driver licence for a period of 1 year and 4 months, commencing on 23 December 2020 and expiring on 22 April 2022; and

(4)   Otherwise dismiss the appeal.

Catchwords:

CRIME — appeals — appeal against sentence — aggravated dangerous driving causing grievous bodily harm — victim suffered a severe brain injury — where vehicle was travelling in excess of 200km/h with unrestrained passenger — where offending assessed as being “well above the mid-range” — whether the sentencing judge erred in assessment of objective seriousness — no error — whether the sentencing judge erred in the assessment of impact on the victim — limited evidence put before the sentencing judge — no error — term of imprisonment not manifestly excessive — automatic disqualification — failure to exercise jurisdiction with respect to variation of automatic period

Legislation Cited:

Crimes Act 1900 (NSW)

Poisons and Therapeutic Goods Act 1966 (NSW)

Road Transport Act 2013 (NSW)

Cases Cited:

Application by the Attorney General (No. 3 of 2002) [2004] NSWCCA 303

Brooks v R [2009] NSWCCA 265

Daniels v R [2016] NSWCCA 35

Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54

Elyard v R [2006] NSWCCA 43

Lawson v R [2018] NSWCCA 215

Lehn v R (2016) 93 NSWLR 205; [2016] NSWCCA 255

McGonigle v R [2020] NSWCCA 84

Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221

Priovolidis v R [2016] NSWCCA 201

R v Daetz; R v Wilson [2003] NSWCCA 216; (2003) 139 A Crim R 398

R v Jurisic (1998) 45 NSWLR 209

R v Tuhakaraina [2016] NSWCCA 81

R v Whyte (2002) 55 NSWLR 252; [2002] NSWCCA 343

Reddy v R [2018] NSWCCA 212

Ul-Hassan v R [2018] NSWCCA 177

Category:Principal judgment
Parties: Aaron Pearce - applicant
Regina - respondent
Representation:

Counsel:
T Hammond - applicant
M Millward - respondent

Solicitors:
Cruz Clowry Law Group Pty Ltd - applicant
Director of Public Prosecutions - respondent
File Number(s): 2016/121830
Publication restriction: No
 Decision under appeal 
Court or tribunal:
District Court
Jurisdiction:
Criminal
Date of Decision:
24 March 2017
Before:
McLennan SC DCJ
File Number(s):
2016/121830

Judgment

  1. BEECH-JONES CJ at CL: I have read the judgment of Fagan J. Subject to what follows I agree with his Honour including his Honour’s finding that the sentencing judge erred in failing to…

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AGLC
Pearce v The The Queen [2022] NSWCCA 68
Case
[2022] NSWCCA 68
Decision Date

CaseChat Overview and Summary

Pearce appealed against his sentence for aggravated dangerous driving causing grievous bodily harm. The victim suffered a severe brain injury when the vehicle, driven by Pearce, was travelling in excess of 200km/h with an unrestrained passenger. The Crown submitted that the offending was assessed as being “well above the mid-range” and that the sentencing judge erred in the assessment of both the objective seriousness of the offending and the impact on the victim. Pearce argued that the term of imprisonment was manifestly excessive and that the court should have exercised its discretion to vary the period of the automatic disqualification from driving.

The Court of Appeal held that the sentencing judge had correctly assessed the objective seriousness of the offending and the impact on the victim. The Court noted that there was limited evidence put before the sentencing judge about the impact on the victim, but that did not amount to an error. The Court also held that the term of imprisonment was not manifestly excessive and that the sentencing judge did not err in failing to exercise the jurisdiction to vary the period of the automatic disqualification from driving. The appeal was dismissed.

Orders

Orders of the court

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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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