R v Danter

The case of R v Danter involved an appeal against the sentence imposed by the sentencing judge. The applicant was convicted of dangerous operation of a vehicle causing grievous bodily harm and was sentenced to three years imprisonment with a parole release date after 12 months had been served. The applicant argued that the sentencing judge had erred in several respects, including by not characterising the case as one of momentary inattention, and by imposing a sentence that was manifestly excessive. The applicant also contended that the sentencing judge had erred by imposing a sentence with a period of actual custody.

The legal issues before the court were whether the sentencing judge had erred in failing to characterise the case as one of momentary inattention, whether the sentence was manifestly excessive, and whether the sentencing judge had erred in imposing a sentence with a period of actual custody. The court considered a number of comparable cases to assist in determining these issues. The court found that the sentencing judge had placed too much emphasis on the need for deterrence, and that the case did not involve an offender with a bad driving history. The court also found that the sentence was manifestly excessive and that a wholly suspended sentence was appropriate.

The court allowed the appeal and varied the sentence to be wholly suspended. The court found that the sentencing judge had erred in imposing a sentence with a period of actual custody, and that a wholly suspended sentence was appropriate given the circumstances of the case. The applicant's application for leave to appeal was granted and the appeal was allowed.