R v Price

The appellant, Price, appealed against his sentence in the Supreme Court of New South Wales, Court of Criminal Appeal, for two counts of dangerous driving occasioning death and one count of dangerous driving occasioning grievous bodily harm. The court also considered three further offences that were placed before the sentencing judge under a section 166 certificate. The appeal focused on whether the aggregate sentence imposed was manifestly inadequate and whether offences placed before the District Court or the Supreme Court by way of a section 166 certificate could be incorporated in an aggregate sentence.

The legal issues before the court included the interpretation of section 166 of the Crimes (Sentencing Procedure) Act 1999 (NSW) and the principles governing the calculation of an aggregate sentence. The court had to determine if the sentence imposed was manifestly inadequate and if the section 166 certificate process allowed for the incorporation of certain offences into the aggregate sentence.

The court held that the sentence was manifestly inadequate because it failed to reflect the seriousness of the appellant's offending. The court found that section 166 certificate offences could be incorporated into an aggregate sentence if they were part of the same course of conduct. The appeal was allowed, and the matter was remitted to the District Court for re-sentencing. The court emphasised the need for sentences to reflect the gravity of the offences and to deter similar conduct in the future.