R v Gray

The applicant was convicted of dangerous operation of a motor vehicle causing death and grievous bodily harm while adversely affected by alcohol. The applicant was sentenced to four years imprisonment, suspended after 18 months, with a condition that the applicant not drive for a period of two years. The applicant's blood alcohol concentration at the time of the offence was 0.125 per cent, and the applicant had no prior convictions. The applicant was 17 years old at the time of the offence. The applicant subsequently applied for leave to appeal against the sentence, contending that the sentence was manifestly excessive. A psychiatric report was tendered which described the applicant's remorse as 'manifest and profound'. The court was required to decide whether the sentence imposed was manifestly excessive in all the circumstances.
The court considered the principles of sentencing and the relevant circumstances of the case. The court noted that the applicant's blood alcohol concentration was high, and that the applicant had no prior convictions. However, the court also noted that the applicant was remorseful, and that the psychiatric report described the applicant's remorse as'manifest and profound'. The court considered that the sentence imposed was not manifestly excessive in all the circumstances. The court noted that the sentence imposed was a suspended sentence, and that the applicant would not serve any time in prison unless they breached the conditions of the suspended sentence. The court concluded that the sentence imposed was appropriate in all the circumstances, and dismissed the application for leave to appeal against sentence.