SUPREME COURT OF SOUTH AUSTRALIA
(Court of Criminal Appeal)
R v FARRER
[2017] SASCFC 27
Judgment of The Court of Criminal Appeal
(The Honourable Justice Vanstone, The Honourable Justice Kelly and The Honourable Justice Nicholson)
10 April 2017
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - CULPABLE OR DANGEROUS DRIVING CAUSING DEATH OR BODILY HARM - GENERALLY
Appeal against sentence.
On 21 October 2016, the appellant was sentenced for aggravated causing death by dangerous driving and leaving the scene of an accident after causing death. The appellant was sentenced to four years imprisonment on the first count and two years imprisonment on the second, one year of which was to be served concurrently with the four year term. The Judge set a non-parole period of three years, two months and 12 days.
At the time of sentence the appellant had a 15-month old child who was born some 18 months after the incident. Whether sentence is manifestly excessive - whether the Judge gave appropriate and adequate weight to the effect of imprisonment on the applicant’s young child – whether special reasons existed to suspend the sentence or make a home detention order – whether the Judge erred in accumulating any part of the two head sentences.
Held per Kelly J (Vanstone & Nicholson JJ agreeing) dismissing the appeal:
1. The sentence imposed is not manifestly excessive in all of the circumstances and permission to appeal on that ground is refused.
2. The Judge gave appropriate weight to all of the appellant’s circumstances including the effect of imprisonment on the appellant’s child.
3. The Judge demonstrated no error in refusing to suspend the sentence.
4. The Judge gave due consideration to the issue of home detention in refusing to make an order under s 33BB of the Criminal Law (Sentencing) Act 1988 (SA).
Criminal Law (Sentencing) Act 1988 (SA) s 10(1)(n), s 18A, s 33BB, s 38, s 58(4)(a); Criminal Law Consolidation Act 1935 (SA) s 19AB; Crimes Act 1914 (Cth) s 16A, referred to.
R v Wooldridge (2015) 123 SASR 422; R v Payne (2004) 89 SASR 49; R v Buckskin [2010] SASC 138; Police v Holer [2016] SASC 187; R v Dell; R v Dell [2016] SASCFC 156, applied.
R v Constant (2016) 126 SASR 1, distinguished.
R v Farrer [2016] SADC 49; R v Farrer [2017] SASCFC 3, discussed.
R v FARRER
[2017] SASCFC 27Court of Criminal Appeal: Vanstone, Kelly and Nicholson JJ
VANSTONE J. I agree with the orders proposed by Kelly J and with the reasons she has written.
KELLY J.
Samantha Magdaleine Farrer appeals against a sentence imposed in the District Court for aggravated causing death by dangerous driving and leaving the scene of an accident after causing death.
The sentence imposed was four years imprisonment on the first count and two years imprisonment…
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- R v Farrer [2017] SASCFC 27
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- [2017] SASCFC 27
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CaseChat Overview and Summary
The legal issues before the court were whether the sentence imposed was manifestly excessive, whether the sentencing judge erred in failing to suspend the sentence or make a home detention order, and whether the judge erred in accumulating parts of the two head sentences.
The Full Court dismissed the appeal. The court found that the final head sentence imposed was moderate and the non-parole period was merciful. The court agreed with the reasons of Kelly J, who had previously dismissed the appellant's appeal against conviction. The factual background involved the appellant colliding with a cyclist while driving under the influence of methylamphetamine, causing the cyclist's death, and subsequently leaving the scene of the accident. The sentencing judge had found that it was objectively dangerous for the appellant to drive given her drug consumption and the known effects of amphetamines.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: VANSTONE J, NICHOLSON J
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