R v De Montero

Case

[2009] VSCA 255

29 October 2009


Details
AGLC Case Decision Date
R v De Montero [2009] VSCA 255 [2009] VSCA 255 29 October 2009

CaseChat Overview and Summary

The matter before the court was an appeal by the defendant against his conviction and sentence for dangerous driving causing death under the Crimes Act 1958. The court was required to determine whether the judge's direction to the jury correctly identified the essential character of the alternative offence of dangerous driving and whether the judge failed to adequately distinguish between the alternative offence and culpable driving. The court was also required to consider whether there was any bias by a juror.

The court held that the judge's direction to the jury was correct and that there was no failure to adequately distinguish between the alternative offence and culpable driving. The court also held that there was no bias by a juror. The court held that all factors relevant to the sentence were considered by the sentencing judge and that the appeal against the sentence was dismissed.

The court found that the defendant's conviction and sentence were appropriate and that the appeal should be dismissed. The court held that the judge's direction to the jury was correct and that there was no failure to adequately distinguish between the alternative offence and culpable driving. The court also held that there was no bias by a juror. The court found that the sentencing judge had considered all relevant factors and that the appeal against the sentence was dismissed. The court's final orders were that the appeal against conviction and sentence be dismissed.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Culpable Driving

  • Dangerous Driving Causing Death

  • Appeal

  • Jurisdiction

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Cases Citing This Decision

20

Rian Lane v Dive Two Pty Ltd [2012] NSWSC 104
Cases Cited

35

Statutory Material Cited

0

R v Park [2003] NSWCCA 203
R. v. Macfie [2002] VSCA 51
R v Park [2003] NSWCCA 203
Cited Sections