R v Cook

Case [2023] NSWCCA 9


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: R v Cook [2023] NSWCCA 9
Hearing dates: 21 October 2022
Date of orders: 8 February 2023
Decision date: 08 February 2023
Before: Kirk JA at [1];
N Adams J at [6];
McNaughton J at [178].
Decision:

Appeal is dismissed.

Catchwords:

CRIME – Appeals – appeal against sentence – seven offences committed whilst on conditional liberty – whether sentence was manifestly inadequate – whether indicative sentences were manifestly inadequate – objective seriousness of offences – proper consideration of Form 1 matters – sentence lenient but not manifestly inadequate – appeal dismissed

CRIME – Manslaughter – use of motor vehicle – vehicular manslaughter based on gross criminal negligence – whether objective seriousness increased because it was preceded by illegal activity – vehicle collision unintentional

Legislation Cited:

Crimes Act 1900 (NSW), ss 18(1)(b), 35(2), 52AB(1), 93G(1)(a)(i), 112(2)

Crimes (Sentencing Procedure) Act 1999 (NSW), ss 25(1), 25D, 32, 53A(1)

Criminal Appeal Act 1912 (NSW), s 5D

Drugs Misuse and Trafficking Act 1985 (NSW), s 25(1)

Firearms Act 1996 (NSW), s 62(1)(b)

Cases Cited:

Abbas, Bodiotis, Taleb and Amount v R (2013) 231 A Crim R 413; [2013] NSWCCA 115

Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518

Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37

Byrne v R; Cahill v R (2021) 97 MVR 85; [2021] NSWCCA 185

Cahyadi v R (2007) 168 A Crim R 41; [2007] NSWCCA 1

CMB v The Attorney-General for New South Wales (2015) 256 CLR 346; [2015] HCA 9

Conte v R (2018) 86 MVR 239; [2018] NSWCCA 209

Crowley v R [2021] NSWCCA 45

Davidson v R (2022) 100 MVR 336; [2022] NSWCCA 153

Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54

Duncan v R [2012] NSWCCA 78

Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49

Griffiths v The Queen (1977) 137 CLR 293; [1977] HCA 44

Hall v R (2021) 291 A Crim R 18; [2021] NSWCCA 220

House v The King (1936) 55 CLR 499; [1936] HCA 40

JM v R (2014) 246 A Crim R 528; [2014] NSWCCA 297

Kerr v R (2016) 78 MVR 191; [2016] NSWCCA 218

Lees v R [2019] NSWCCA 65

Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25

Mill v The Queen (1988) 166 CLR 59; [1988] HCA 70

Millwood v R [2012] NSWCCA 2

Moananu v R [2022] NSWCCA 85

Mulato v R [2006] NSWCCA 282

PG v R (2017) 268 A Crim R 61; [2017] NSWCCA 179

R v Chandler (No. 2) [2017] NSWSC 1758

R v Holder (1983) 13 A Crim R 375; [1983] 3 NSWLR 245

R v Loveridge (2014) 243 A Crim R 31; [2014] NSWCCA 120

R v MacDonald (Court of Criminal Appeal,…

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R v Cook [2023] NSWCCA 9
Case
[2023] NSWCCA 9
Decision Date

CaseChat Overview and Summary

In this case, the appellant, Cook, was convicted of seven offences committed while on conditional liberty. The offences included dangerous driving occasioning death, driving whilst disqualified, driving with a cancelled licence, driving with no insurance, and possessing a restricted weapon. The appellant appealed against the sentence, arguing that it was manifestly inadequate. The respondent, the Crown, submitted that the sentence was appropriate, and the appeal should be dismissed. The case was heard in the Court of Appeal.

The primary legal issue was whether the sentence imposed by the trial judge was manifestly inadequate. The appellant argued that the sentence was lenient and that the trial judge had failed to properly consider the objective seriousness of the offences, particularly the fact that they were committed while the appellant was on conditional liberty. The appellant also argued that the indicative sentences provided by the Crown were manifestly inadequate. The Crown, on the other hand, submitted that the sentence was appropriate, and the trial judge had properly considered all relevant matters.

The Court of Appeal held that the sentence was lenient but not manifestly inadequate. The court found that the trial judge had properly considered the objective seriousness of the offences, including the fact that they were committed while the appellant was on conditional liberty. The court also held that the indicative sentences provided by the Crown were not manifestly inadequate, and the appellant had not shown that the sentence was manifestly inadequate. The Court of Appeal dismissed the appeal.

The Court of Appeal did not make any orders. The original sentence imposed by the trial judge remained in place.

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