SUPREME COURT OF VICTORIA
COURT OF APPEAL
No 862 of 2007
| THE QUEEN |
| v |
| NEIL GILBERT WILLIAMSON |
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JUDGES: | NEAVE and WEINBERG JJA | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 18 February 2009 | |
DATE OF JUDGMENT: | 27 February 2009 | |
MEDIUM NEUTRAL CITATION: | [2009] VSCA 21 | |
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Criminal law – Culpable driving and negligently causing serious injury – Alcohol and excessive speed – Young offender – Sentence of nine years’ imprisonment with six and a half year minimum – Appeal dismissed – Sentence severe but within available range
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| APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr T Gyorffy | Mr S Ward, Acting Solicitor for Public Prosecutions |
| For the Appellant | Mr P J Matthews | Victoria Legal Aid |
NEAVE JA
WEINBERG JA:
The appellant pleaded guilty in the County Court, at Geelong, to one count of culpable driving, one count of negligently causing serious injury, and the summary offence of exceeding the prescribed concentration of alcohol.
On 22 October 2007, the appellant was sentenced as follows:
Count 1: culpable driving causing death – eight years’ imprisonment;
Count 2: negligently causing serious injury – two years’ imprisonment (one year cumulative);
Summary offence: exceeding the prescribed concentration of alcohol – $500 fine.
The appellant’s total effective sentence was therefore nine years’ imprisonment. The sentencing judge fixed a non-parole period of six years and six months. The appellant’s driver’s licence was cancelled and he was disqualified from obtaining a driver’s licence for two years, effective from 1 April 2014. Additionally, it was ordered that the appellant could not be issued with a new licence save upon the order of a Magistrate. The appellant now appeals against that sentence.
Circumstances of the offence and the offender
The circumstances surrounding the commission of these offences were as follows. On 3 February 2007, the appellant left his car at a friend’s home in Belmont, a suburb of Geelong. He attempted, unsuccessfully, to obtain entry to a party in neighbouring Grovedale. He then returned to Belmont and consumed some alcohol before taking a taxi into Geelong proper. At about 1 am, he went to the Eureka nightclub where he met up with several friends, including Jeremy Campbell.
The appellant, Mr Campbell and another friend, Andrew Morgan, went to various other licensed premises, where the appellant had a number of vodkas mixed with Red Bull.
At about 5 am, the appellant, Morgan and Campbell returned to Belmont. The appellant then got into his car accompanied by his two friends. Morgan was in the front passenger seat and Campbell was seated behind him. Morgan offered to drive, as he had stopped drinking some time earlier, but the appellant refused his offer. As the appellant drove through Grovedale towards Torquay, Morgan again asked the appellant to let him drive. However, the appellant again refused.
After leaving Grovedale, the appellant accelerated, reaching a speed of about 200 kilometres an hour. At that speed, the appellant exclaimed: ‘yeah, 200.’ He then began to slow down. Even then, he was travelling at a great speed. His vehicle…
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- AGLC
- R v Williamson [2009] VSCA 21
- Case
- [2009] VSCA 21
- Decision Date
CaseChat Overview and Summary
The appeal centred on whether the sentence was excessively severe, considering the offender's age and the mitigating factors presented, such as the offender's remorse and lack of prior criminal history. The court was required to assess the proportionality of the sentence in light of the statutory provisions and the principles of sentencing for culpable driving and negligently causing serious injury. The court also considered the need for general and specific deterrence in its reasoning.
The Court of Appeal dismissed the appeal, finding that while the sentence was severe, it was within the range of available penalties for the offences committed. The court emphasised the gravity of the respondent's actions, which resulted in serious injury to another person due to reckless and negligent driving under the influence of alcohol. The appeal court held that the lower court had appropriately balanced the need for punishment, deterrence, and rehabilitation in imposing the sentence. The appeal court was satisfied that the sentence imposed was proportionate to the severity of the crime and the offender's culpability.
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