SUPREME COURT OF VICTORIA
COURT OF APPEAL Not Restricted
No. 342 of 1999
| THE QUEEN |
| v. |
| GEOFFREY GUARIGLIA |
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JUDGES: | WINNEKE, P., BROOKING and CHARLES, JJ.A. | |
WHERE HELD: | BALLARAT | |
DATE OF HEARING: | 21 March 2001 | |
DATE OF JUDGMENT: | 21 March 2001 | |
MEDIUM NEUTRAL CITATION: | [2001] VSCA 27 | |
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Criminal law – Culpable driving causing multiple deaths – Sentence of six years on each count – Judge cumulating three years of second sentence upon the six years imposed on first count – Whether nine years head sentence “manifestly excessive” – Whether judge had erred in his orders for cumulation – Application dismissed.
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APPEARANCES: | Counsel | Solicitors |
For the Crown | Mr. P.A. Coghlan, Q.C. | P.C. Wood, Solicitor for Public Prosecutions |
| For the Appellant | Mr. G. Mullaly | Stary George Myall |
WINNEKE, P.:
At about 8 p.m. on 20 January 1998, the applicant Guariglia, was the driver of a motor car in Lincoln Road, Essendon when it came into collision with two pedestrians who were on the footpath on the south eastern corner of the intersection of Lincoln Road and Florence Street. The two pedestrians were a young man aged 26 and his nephew aged ten. The pedestrians were badly injured and subsequently died from their injuries. The impact which those deaths have had upon the relatives of the deceased has been substantial, as became obvious when victim impact statements were ultimately filed before the trial judge.
The applicant who was aged 26 at the time of the collision was subsequently charged with two offences of causing death by culpable driving, the offence created by s.318 of the Crimes Act 1958. The culpability alleged was that described in sub.s 2(b), namely that the applicant had driven his motor vehicle "negligently" in that he had "failed unjustifiably and to a gross degree to observe the standard of care which a reasonable man would have observed in all the circumstances of the case".
In this manifestation the offence is in substance a species of involuntary manslaughter and carries the same maximum penalty of 20 years' imprisonment. The applicant pleaded not guilty when arraigned and a trial ensued for some three weeks, following which the jury convicted him of the two counts of culpable driving causing a death of each pedestrian. Many witnesses were called to describe the manner of the applicant's driving through several major roads and streets of Essendon at a time when there were many cars and several pedestrians using those thoroughfares.
The driving as described by some 17 people called to testify to it can I think only be described as appalling. It involved travelling at high speeds estimated at being in excess of 100 kilometres per hour, fast cornering, loud revving and fish-tailing, veering from lane to lane, driving on the incorrect side of the road and overtaking other vehicles on both left and right hand sides in complete disregard of road rules.
One witness gave evidence that she was crossing Lincoln Road and was in the centre when the applicant's car…
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- AGLC
- R v Guariglia [2001] VSCA 27
- Case
- [2001] VSCA 27
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court of Appeal was whether the nine-year head sentence was manifestly excessive. Additionally, the court considered whether the primary judge had erred in his orders for the cumulation of sentences. The respondent argued that the sentence was manifestly excessive and that the judge had erred in his orders for cumulation. The respondent submitted that the sentence should be quashed and the matter remitted for re-sentencing. The Crown, on the other hand, contended that the sentence was manifestly appropriate and that the primary judge had not erred in his orders for cumulation.
The Court of Appeal dismissed the application, finding that the sentence was not manifestly excessive and that the judge had not erred in his orders for cumulation. The court held that the primary judge had correctly considered the appropriate principles and had exercised his discretion in accordance with the law. The court noted that the primary judge had taken into account the culpability of the respondent, the gravity of the offences, and the need for general deterrence. The Court of Appeal held that the sentence was not manifestly excessive and that the primary judge had not erred in his orders for cumulation. Therefore, the application was dismissed.
No orders were made as the application was dismissed. The Court of Appeal upheld the sentence imposed by the primary judge and found that it was not manifestly excessive. The court held that the primary judge had correctly exercised his discretion in imposing the sentence and had not erred in his orders for cumulation.
Orders
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Background
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Evidence
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