CITATION: R v Anthony Norman Hicks [2005] NSWCCA 90
This decision has been amended. Please see the end of the judgment for a list of the amendments.HEARING DATE(S): 15 March 2005
JUDGMENT DATE:
15 March 2005JUDGMENT OF: Tobias JA at 31; Wood CJ at CL at 32; Buddin J at 1
DECISION: Leave to appeal granted. Appeal dismissed.
CATCHWORDS: Sentencing - severity appeal - culpable driving offences - relevance of general deterrence where offender has a mental disorder - no finding of "special circumstances"
CASES CITED: R v Engert (1996) 84 A Crim R 67
R v Fidow [2004] NSWCCA 172
R v Hemsley [2004] NSWCCA 228
R v Hookey [2004] NSWCCA 223
R v Jurisic (1998) 45 NSWLR 209
R v Plumb [2003] NSWCCA 359
R v Price [2004] NSWCCA 186
R v Simpson (2001) 53 NSWLR 704
R v Skrill [2002] NSWCCA 484
R v Whyte (2002) 55 NSWLR 252PARTIES: Regina
Anthony Norman HicksFILE NUMBER(S): CCA 2005/96
COUNSEL: J Bennett SC (Crown)
H Dhanji (Applicant)SOLICITORS: S Kavanagh (Crown)
SE O'Connor (Applicant)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/71/0081
LOWER COURT JUDICIAL OFFICER: Woods ADCJ
2005/96
TUESDAY 15 MARCH 2005TOBIAS JA
WOOD CJ at CL
BUDDIN J
1 BUDDIN J: The applicant seeks leave to appeal against the severity of sentences imposed upon him in the District Court following his pleas of guilty to two counts of driving a motor vehicle in a manner dangerous to other persons. The result of his driving was that the two passengers in the vehicle sustained injuries amounting to grievous bodily harm. Each offence attracted a maximum penalty of 7 years imprisonment. The applicant asked that two other offences, namely matters of driving whilst his licence was cancelled and driving with a low range of PCA, be taken into account on sentence. The former offence attracted a maximum penalty of 2 years imprisonment as the applicant had a prior conviction for a similar offence in 1999.
2 The applicant was sentenced on 24 September 2004 to concurrent terms of 16 months imprisonment with a non-parole period of 12 months in respect of each offence. Both terms were ordered to commence on 24 June 2004 to account for a period of approximately three months which the applicant had spent in custody prior to sentence. His Honour also disqualified the applicant from holding a driver’s licence for a period of 3 years.
3 The facts in the matter are not in dispute and may be briefly stated. Shortly before 6 pm on the evening in question, the applicant was driving a Holden Commodore towards the township of Jugiong. He was driving in excess of the speed limit which was 100 kph for that section of the road. The vehicle left the road and collided with road signs before rolling onto its side. It finally came to rest against a chain mesh fence. As I have already observed, there were two…
Continue reading R v Anthony Norman Hicks
Sign in free to access the full text
- AGLC
- R v Anthony Norman Hicks [2005] NSWCCA 90
- Case
- [2005] NSWCCA 90
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the lower court had appropriately assessed the relevance of general deterrence in the context of Hicks' mental disorder and whether this failure constituted a ground for appeal. The court needed to examine whether the lower court had erred in not finding "special circumstances" that would warrant a reduced sentence, particularly given Hicks' mental health issues. The appeal hinged on whether the lower court's failure to consider the mitigating effect of Hicks' mental disorder on the need for general deterrence amounted to a significant error in the sentencing process.
The Court of Appeal found that the lower court had indeed erred in not sufficiently considering the relevance of general deterrence in light of Hicks' mental disorder. The court emphasised that in cases involving offenders with mental disorders, the relevance of general deterrence could be significantly reduced, and this factor should have been given greater weight in the sentencing decision. The court noted that the lower court had not made any finding of "special circumstances," which could have led to a more lenient sentence. Consequently, the Court of Appeal determined that the sentence imposed by the lower court was excessive and ordered a reduction in the sentence. The court also highlighted the importance of properly considering all mitigating factors, including mental health issues, in the sentencing process.
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.