R v Harvey-Sutton

The defendant Harvey-Sutton was convicted of dangerous operation of a motor vehicle, with aggravating circumstances, in the Supreme Court of Victoria. He pleaded guilty and was sentenced to two years imprisonment, wholly suspended, a fine of $7,500 and suspension of his driving licence for five years. The circumstances of the offence were serious, with the defendant's blood alcohol level being five times the legal limit, and he had two prior convictions for driving under the influence of alcohol. The defendant appealed against the sentence, arguing that it was manifestly excessive.

The court was required to consider whether the sentence was manifestly excessive in the circumstances of the case. The court acknowledged the severity of the offence and the defendant's prior convictions, but also noted that the sentence was not unprecedented in similar cases. The court found that the sentence was within the range of sentences that could be imposed for such an offence, and was not manifestly excessive.

The court also considered the principles established in R v Simpson, where the Court of Appeal held that a sentence should not be overturned on the basis that it was manifestly excessive unless it was palpably wrong or outside the range of sentences that could be imposed for the offence. The court found that the sentence in this case was not palpably wrong, and was within the range of sentences that could be imposed.

The application for leave to appeal against sentence was refused. The sentence imposed by the trial judge was considered to be appropriate in the circumstances of the case, and was not manifestly excessive. The court found that the sentence reflected the seriousness of the offence, and the need to deter the defendant and others from committing similar offences in the future.