Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Priovolidis v R [2016] NSWCCA 201 Hearing dates: 5 September 2016 Decision date: 21 September 2016 Before: Gleeson JA at [1];
Price J at [63];
Hidden AJ at [64];Decision: 1. Grant leave to appeal against sentence.
2. Appeal dismissed.Catchwords: CRIMINAL LAW – sentence – appeal – double punishment – applicant convicted of offences under s 51B(1) and s 52A(4) Crimes Act 1900 (NSW) – offences of police pursuit and aggravated dangerous driving occasioning grievous bodily harm – where elements in common between two offences – driver of motor vehicle escaping police pursuit causing danger to other persons – where both offences committed in short time and close proximity – whether primary judge erred in sentencing offender twice for elements in common – whether on the facts offences relate to single act or separate and discrete sets of conduct Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) ss 5, 32, 44
Crimes Act 1900 (NSW) ss 33, 51B, s 52A, 110, 154I
Criminal Procedure Act 1986 (NSW) s 166
Customs Act 1901 (Cth) s 233B
Road Transport Act 2013 (NSW) s 54Cases Cited: Johnson v R (2004) 205 ALR 346; [2004] HCA 15
Pearce v R (1998) 194 CLR 610; [1998] HCA 57
Portolesi v R [2012] NSWCA 157
Postiglione v The Queen (1997) 189 CLR 295
R v Whyte (2002) 55 NSWLR 252
White v R [2016] NSWCCA 190
Zreika v R (2012) 223 A Crim R 460; [2012] NSWCCA 44Category: Principal judgment Parties: Spiros Priovolidis (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
C Loukas SC/ M Rabsch (Applicant)
N Williams (Respondent)
Legal Aid NSW (Applicant)
Solicitor for the Director of Public Prosecutions (Respondent)
File Number(s): 2013/254594 Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Date of Decision:
- 09 June 2015
- Before:
- Conlon DCJ
- File Number(s):
- 2013/254594
Judgment
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GLEESON JA: The applicant, Spiros (Ross) Priovolidis, seeks leave to appeal against sentences imposed upon him in the District Court by Conlon DCJ on 9 June 2015.
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The applicant had earlier pleaded guilty in the Campbelltown Local Court to two driving offences. The first was the offence of failing to stop when the applicant knew or reasonably should have known the police were in pursuit and driving in a manner dangerous to others (police pursuit) contrary to s 51B(1) of the Crimes Act 1900 (NSW) (Crimes Act). The maximum penalty for this offence is five years’ imprisonment. The details of the offence charged under s 51B(1) were that the applicant:
…. on 21 August 2013 at Campbelltown and other places in the State of New South Wales did drive a vehicle, … knowing that police officers were in pursuit of the said vehicle and that he was required to stop the vehicle and did not stop the vehicle and then drove the said vehicle in a manner dangerous to others. [Emphasis added].
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The second…
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- AGLC
- Priovolidis v The Queen [2016] NSWCCA 201
- Case
- [2016] NSWCCA 201
- Decision Date
CaseChat Overview and Summary
The court examined the legal principles surrounding double punishment and the sentencing of concurrent offences. It considered whether the primary judge appropriately assessed the nature and circumstances of the offences, and whether the sentences imposed were commensurate with the gravity of the conduct. The court also evaluated the overlap in the elements of the two offences and whether the primary judge had correctly accounted for the common elements in the sentencing process.
In reaching its decision, the court held that the primary judge did not err in sentencing the appellant twice for the two offences, as they related to separate and discrete sets of conduct. The court found that the offences, while closely related in time and circumstance, involved distinct actions that warranted separate sentencing. The court emphasised that the primary judge had appropriately considered the nature and circumstances of each offence and had not imposed a double punishment for the common elements. Consequently, the appeal was dismissed.
The final orders of the court confirmed the dismissal of the appeal, upholding the sentences imposed by the primary judge. The court's decision underscored the importance of distinguishing between concurrent offences and ensuring that sentencing accurately reflects the gravity of the conduct involved.
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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