Legal Research
Cases
Pearce v The The Queen

Pearce v The The Queen

Case [2022] NSWCCA 68 1 April 2022

Aggravated & Exemplary Damages

Sentencing

Appeal

Criminal Law

Type to search within this case.

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

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…

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 Pearce v The The Queen

Details

AGLC: Pearce v The The Queen [2022] NSWCCA 68
Case: [2022] NSWCCA 68
Decision Date: 01 April 2022

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