Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Peberdy v R [2023] NSWCCA 144 Hearing dates: 9 December 2022 Decision date: 21 June 2023 Before: Davies J at [1];
Ierace J at [2];
R A Hulme AJ at [120]Decision: (1) Grant leave to appeal;
(2) Appeal dismissed.
Catchwords: CRIME – Appeals – Appeal against sentence – Dangerous driving offences arising from fatal head-on vehicle collision – Where sentencing judge found matter was “not one of momentary inattention” – Whether purported factual errors caused sentencing discretion to miscarry – Whether error in assessments of objective seriousness and moral culpability
Legislation Cited: Crimes Act 1900 (NSW), s 52A
Cases Cited: Category: Principal judgment Parties: David William Peberdy (Applicant)
Rex (Respondent)Representation: Counsel:
Solicitors:
D Randle (Applicant)
S Traynor (Respondent)
Anderson Boemi Lawyers (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2020/102755 Decision under appeal
- Court or tribunal:
- District Court
- Date of Decision:
- 4 March 2022
- Before:
- N Williams DCJ
- File Number(s):
- 2020/102755
JUDGMENT
-
DAVIES J: I agree with Ierace J.
-
IERACE J: The applicant seeks leave to appeal from a sentence imposed on him on 4 March 2022 by N Williams DCJ following his pleas of guilty to two counts of dangerous driving occasioning death, contrary to s 52A(1)(c) of the Crimes Act 1900 (NSW), and two counts of dangerous driving occasioning grievous bodily harm, contrary to s 52A(3)(c) of the Crimes Act.
-
The maximum penalty for an offence against s 52A(1)(c) is 10 years imprisonment and against s 52A(3)(c) is 7 years. Neither type of offence has a standard non-parole period. The applicant received an aggregate sentence of 5 years’ imprisonment to commence from the date of sentence and expire on 3 March 2027, with a non-parole period of 3 years which will expire on 3 March 2025. He received concurrent periods of disqualification from driving for a period of 3 years in respect of each offence, which will apply from the date of his release back into the community.
-
The applicant has advanced two grounds of appeal, which are as follows.
“Ground 1
The learned sentencing judge mistook key facts with regard to the available evidence concerning the applicant’s driving conduct, causing the sentencing discretion to miscarry.
Ground 2
The learned sentencing judge erred in the characterisation of the objective seriousness of the subject driving.”
The background to the offences
-
An agreed statement of facts that was tendered at the sentence hearing was to the following effect. The offences arise from a head-on motor vehicle collision that occurred on Wednesday 18 March 2020 on the Golden Highway, which is a major regional road, on a section that had one lane of traffic in each direction and a speed limit of 100kph (I note that the indictment stated that the offences occurred at…
Continue reading Peberdy v The King
Sign in free to access the full text
- AGLC
- Peberdy v The King [2023] NSWCCA 144
- Case
- [2023] NSWCCA 144
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the sentencing judge's findings regarding the appellant's culpability were influenced by factual inaccuracies and, if so, whether these inaccuracies led to an unjust outcome. The court needed to determine whether the sentencing discretion was misapplied due to the alleged errors and whether the sentence imposed was appropriate given the objective seriousness and moral culpability of the offence.
The court examined the sentencing judge's assessment of the appellant's culpability and found that while some factual errors were present, they did not materially affect the overall conclusion that the offence was serious and involved significant moral culpability. The court held that the sentencing judge had adequately considered the relevant factors and applied the appropriate legal principles in determining the sentence. Consequently, the appeal was dismissed, and the original sentence was upheld.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.