R v Maher

The applicant, Maher, appealed against his sentence following his conviction for dangerous operation of a vehicle causing death. The Supreme Court of Victoria heard the application for leave to appeal against the sentence. Maher argued that the sentence was manifestly excessive, claiming that insufficient regard was given to mitigating factors and that the sentencing judge had erred in characterising the offence as a sustained course of dangerous driving due to fatigue rather than momentary inattention.

The court considered whether the sentence was manifestly excessive, taking into account the mitigating factors and the characterisation of the offence. The court noted that the sentencing judge had considered the mitigating factors and had imposed a sentence that was within the range of sentences typically imposed for this type of offence. The court also found that the sentencing judge's characterisation of the offence as a sustained course of dangerous driving due to fatigue was supported by the evidence. The court held that the sentence was not manifestly excessive and dismissed the application for leave to appeal.

The court refused Maher's application for leave to appeal against his sentence. The court found that the sentence was within the range of sentences typically imposed for this type of offence and that the sentencing judge had properly considered the mitigating factors and the characterisation of the offence. The court held that the sentence was not manifestly excessive and dismissed the application.