R v Lu

In the case of R v Lu, the appellant was convicted of dangerous driving causing grievous bodily harm. The incident involved the appellant driving at 100 kmph in a 60 kmph zone, resulting in significant harm to the victim. The court was tasked with determining an appropriate sentence, taking into account various aggravating and mitigating factors. Notably, the appellant faced potential deportation, had prior driving offences, and had submitted that the proposed onerous parole conditions were equivalent to an intensive corrections order. Additionally, the court had to consider disqualification from driving.

The legal issues before the court were the nature and severity of the offence, the appellant's previous driving record, and the impact of the proposed parole conditions on the sentence. The court had to weigh these factors against the need for general deterrence and the protection of the community. Furthermore, the court had to consider the potential impact of deportation on the appellant's life and the implications for the victim.

In delivering the judgment, the court emphasised the seriousness of the offence, noting the high speed and the grievous bodily harm caused. The court also considered the appellant's prior driving offences and the potential for deportation. The court found that the proposed parole conditions were onerous but did not consider them equivalent to an intensive corrections order. The court concluded that a full-time custodial sentence was necessary to adequately address the seriousness of the offence and to provide general deterrence. The court ordered a full-time custodial sentence to be served by way of an aggregate sentence for 2 years, 10 months.