CITATION: R v Khan [2000] NSWCCA 454 FILE NUMBER(S): CCA 60230/00 HEARING DATE(S): 27 0CTOBER 2000 JUDGMENT DATE:
27 October 2000PARTIES :
Regina
Mark Anthony KhanJUDGMENT OF: Wood CJ at CL at 1; Whealy J at 24
LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S) : 99/51/0083 LOWER COURT JUDICIAL
OFFICER :Kirkham DCJ
COUNSEL : Ms P. Hock
Mr. M Williams QC/Mr.DaillySOLICITORS: S.E. O'Connor
Watson, McNamara and WattDECISION: Leave to appeal granted; Appeal dismissed
IN THE COURT OF
60230/00
CRIMINAL APPEAL
WOOD CJ at CL
WHEALY J
FRIDAY 27 OCTOBER 2000
REGINA v MARK ANTHONY KHAN
JUDGMENT
1 WOOD CJ at CL: The applicant seeks leave to appeal against the severity of a sentence of imprisonment of four and a half years with a non-parole period of three years, four months and fifteen days that was imposed by his Honour Judge Kirkham following a plea of guilty to one count of aggravated dangerous driving occasioning grievous bodily harm. That is an offence which carries a maximum penalty of eleven years imprisonment. 2 The facts as found by his Honour were as follows: 3 Between 1am and 4.30am on Saturday 4 June 1998 the applicant was the driver of a blue 1992 Daihatsu sedan, which he drove in an easterly direction along Grafton Road, at a speed which his counsel this morning conceded was substantial. At a location about one and a half kilometres west of the Guyra/Ebor Road intersection, whilst he was negotiating a sweeping left-hand bend on the side of a hill, the vehicle he was driving crossed to the incorrect side of the road and side swiped the Armco railing, which was on the eastern road shoulder, for a distance of some thirty-nine metres. The vehicle continued past the railing for a further sixty-nine metres and teetered on the edge of a steep grassed embankment before leaving the roadway and travelling down the hill into a stock reserve. It then crashed through two large trees until it eventually came to rest in an open area of the reserve, about twelve metres off the roadway and 169 metres east of the point where the applicant initially lost control. In the vehicle were the applicant and Cueshi Aysha Woodward, who was in the front passenger seat. 4 The applicant was able to release himself from the vehicle and make his way back to the roadway where he signalled for assistance from passing motorists. Miss Woodward was trapped in the car and was eventually released by emergency services, suffering a severe injury to her lower left leg which later required a below knee amputation. She also suffered other injuries, including fractures of the femur, scapula, clavicle and cheekbone as well as cracked ribs and a contused lung. 5 The applicant suffered serious injuries himself which were initially treated at Dorrigo Hospital and later at Coffs Harbour Hospital where he was admitted for an extended period. A blood sample taken from him at Dorrigo Hospital at…
Details
- AGLC
- R v Khan [2000] NSWCCA 454
- Case
- [2000] NSWCCA 454
- Decision Date
CaseChat Overview and Summary
In the case of Regina v Mark Anthony Khan, the applicant, Mark Anthony Khan, sought leave to appeal against the severity of a sentence of imprisonment of four and a half years with a non-parole period of three years, four months and fifteen days, imposed by his Honour Judge Kirkham following a plea of guilty to one count of aggravated dangerous driving occasioning grievous bodily harm. The legal issues before the court involved whether the District Court erred in its assessment of the appropriate sentence, considering the aggravating factors present in the case, and whether the sentence imposed was too severe. The court was required to determine if the sentence reflected the seriousness of the offence and whether it adhered to relevant sentencing principles and guidelines.
The Court of Criminal Appeal, led by Wood CJ at CL, reviewed the case thoroughly, examining the facts and the sentencing process. It was found that the applicant was driving at a substantial speed on Grafton Road, and while negotiating a sweeping left-hand bend, lost control of his vehicle, causing it to cross to the incorrect side of the road, strike the Armco railing, and eventually crash into a stock reserve. The passenger, Cueshi Aysha Woodward, suffered severe injuries, including a below-knee amputation of her left leg. The applicant himself sustained serious injuries and was found to have a blood alcohol concentration significantly above the legal limit at the time of the accident.
The court acknowledged the potential misdirection by the District Court in its reference to a three-year sentence for cases involving grievous bodily harm, as opposed to the two-year guideline suggested in Jurisic. However, the Court of Criminal Appeal concluded that despite this potential error, the sentence imposed was not excessive. The court considered the various aggravating factors, such as the high level of intoxication, significant speed, and the applicant's prior convictions, which collectively indicated an abandonment of responsibility by the applicant. The sentence, therefore, appropriately reflected the seriousness of the offence and adhered to relevant sentencing principles.
Ultimately, the Court of Criminal Appeal granted leave to appeal but dismissed the appeal, affirming the sentence imposed by the District Court. The reasoning provided by the court emphasized the importance of considering the extent of injuries inflicted, the degree of intoxication, and the prior history of the offender in determining the appropriate penalty. The court found that the sentence was neither excessive nor erroneous, and thus, the appeal was dismissed.
The Court of Criminal Appeal, led by Wood CJ at CL, reviewed the case thoroughly, examining the facts and the sentencing process. It was found that the applicant was driving at a substantial speed on Grafton Road, and while negotiating a sweeping left-hand bend, lost control of his vehicle, causing it to cross to the incorrect side of the road, strike the Armco railing, and eventually crash into a stock reserve. The passenger, Cueshi Aysha Woodward, suffered severe injuries, including a below-knee amputation of her left leg. The applicant himself sustained serious injuries and was found to have a blood alcohol concentration significantly above the legal limit at the time of the accident.
The court acknowledged the potential misdirection by the District Court in its reference to a three-year sentence for cases involving grievous bodily harm, as opposed to the two-year guideline suggested in Jurisic. However, the Court of Criminal Appeal concluded that despite this potential error, the sentence imposed was not excessive. The court considered the various aggravating factors, such as the high level of intoxication, significant speed, and the applicant's prior convictions, which collectively indicated an abandonment of responsibility by the applicant. The sentence, therefore, appropriately reflected the seriousness of the offence and adhered to relevant sentencing principles.
Ultimately, the Court of Criminal Appeal granted leave to appeal but dismissed the appeal, affirming the sentence imposed by the District Court. The reasoning provided by the court emphasized the importance of considering the extent of injuries inflicted, the degree of intoxication, and the prior history of the offender in determining the appropriate penalty. The court found that the sentence was neither excessive nor erroneous, and thus, the appeal was dismissed.
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