R v Glenbar

The applicant, who was found guilty of multiple charges including two counts of manslaughter, appealed against the sentence imposed by the court. The applicant had driven a vehicle while intoxicated at high speed, failed to stop for police, failed to negotiate a bend, resulting in the death of two pedestrians and grievous bodily harm to his passenger. He pleaded guilty to the charges and was sentenced to 10 years imprisonment for each count of manslaughter, four years for the grievous bodily harm charge, and no further punishment for the summary offences. The applicant argued that the sentencing judge had not adequately considered mitigating factors such as his demonstrated rehabilitation, remorse, insight, and early guilty plea. He also argued that the sentencing judge had incorrectly considered herself constrained by a previous case, R v Clark, and that she had failed to give proper consideration to the serious aggravating effect of a 10-year imprisonment sentence.

The court had to determine whether the sentencing judge had erred in her assessment of the mitigating factors, her consideration of the previous case, and her evaluation of the seriousness of the 10-year imprisonment sentence. The court assessed the applicant’s arguments and examined the sentencing judge’s reasons to determine if there was any error in her assessment or application of the law. The court found that the sentencing judge had properly considered the mitigating factors and had not been constrained by the previous case. The court also found that the sentencing judge had appropriately considered the seriousness of the 10-year imprisonment sentence. Therefore, the court concluded that there was no error in the sentencing decision.

The appeal against sentence was dismissed. The application for leave to appeal against the sentence was refused.