Pearce v The The Queen

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.