R v Farrer

Case

[2017] SASCFC 27

10 April 2017


Details
AGLC Case Decision Date
R v Farrer [2017] SASCFC 27 [2017] SASCFC 27 10 April 2017

CaseChat Overview and Summary

The appeal concerned the sentence imposed on the appellant, R v Farrer, in the South Australian District Court. The appellant had been convicted of culpable driving causing death and dangerous driving causing death. The appeal was brought before the Full Court of the Supreme Court of South Australia, constituted by Vanstone, Kelly, and Nicholson JJ.

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.
Details

Areas of Law

  • Criminal Law

  • Evidence

Legal Concepts

  • Appeal

  • Charge

  • Sentencing

  • Intention

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Most Recent Citation
High Court Bulletin [2017] HCAB 7

Cases Citing This Decision

8

McGhee v The Queen [1995] HCA 69
R v Henderson [2023] SASCA 42
Cases Cited

9

Statutory Material Cited

1

R v Farrer [2017] SASCFC 3
R v Farrer [2016] SADC 49
R v Wooldridge [2015] SASCFC 125