R v Roser

The appellant, Roser, was convicted on her own plea of guilty of dangerous operation of a motor vehicle causing grievous bodily harm while adversely affected by an intoxicating substance. The incident involved the appellant overtaking in a dangerous manner, leading to a head-on collision with another vehicle. The driver of the other vehicle suffered grievous bodily harm and a permanent facial disfigurement. The appellant's blood alcohol concentration at the time of the crash was estimated to be between 0.11 and 0.15, and she had previously been fined multiple times for drink driving. The court sentenced the appellant to imprisonment for four and a half years with a recommendation for post-prison community-based release after 16 months, along with a three-year disqualification from holding a driver's licence. The appellant subsequently committed four further traffic offences before sentencing.

The legal issues before the court were whether the sentence imposed on the appellant was manifestly excessive, and if the court should grant leave to appeal against the sentence. The court examined relevant case law and statutory provisions, including the Transport Operations (Road Use Management) Act 1995 (Qld), sections 79(2) and 79A(2). The court also considered precedent cases such as R v Anderson [2005] QCA 304; CA No 71 of 2005, 23 August 2005, R v Balic [2005] QCA 212; CA No 57 of 2005, 17 June 2005, and R v Russell [2002] QCA 285; CA No 91 of 2002, 6 August 2002.

The court found that the sentence imposed was not manifestly excessive. The court considered the gravity of the offence, the appellant's previous convictions, and her subsequent traffic offences. The court held that the sentence was appropriate given the circumstances of the case. The court also noted that the appellant had shown remorse and had taken steps to address her alcohol-related issues. The court concluded that the sentence was not manifestly excessive and dismissed the application for leave to appeal against the sentence.

The court dismissed the application for leave to appeal against the sentence.