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R v Woodward

R v Woodward

Case [2001] NSWCCA 90 23 March 2001

Aggravated & Exemplary Damages

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CITATION: R v Woodward [2001] NSWCCA 90

FILE NUMBER(S): CCA 60105/00

HEARING DATE(S): 21 March 2001

JUDGMENT DATE:
23 March 2001

PARTIES :

Regina v Christopher Paul Woodward

JUDGMENT OF: Studdert J at 1; Barr J at 37

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S) : 99/11/1158

LOWER COURT JUDICIAL
OFFICER : Wall DCJ

COUNSEL : L.M.B. Lamprati (Crown)
P. Byrne SC/J. Andrews (Applicant)

SOLICITORS: S.E. O'Connor (Crown)
Aitken McLachlan &Thorpe (Applicant)

LEGISLATION CITED: Crimes Act

CASES CITED:
R v Sen [1999] NSWCCA 199
R v Jaworowski 108 A Crim R 489
R v Dhanhoa [2000] NSWCCA 257
R v Gleeson [2000] NSWCCA 101
R v McKinney [1999] NSWCCA 51
R v Khatter [2000] NSWCCA 32
R v Hanlon [2000] NSWCCA 55
R v Kalanj (1997) 98 A Crim R 505

DECISION: Appeal dismissed

IN THE COURT OF

CRIMINAL APPEAL

60105/00

STUDDERT J
BARR J

REGINA v CHRISTOPHER PAUL WOODWARD

JUDGMENT

1 STUDDERT J: The applicant, Christopher Paul Woodward, stood trial in the District Court before Acting Judge Wall QC and jury charged with aggravated dangerous driving occasioning death. The applicant was convicted and sentenced to a term of imprisonment of eight years. His Honour found special circumstances and, accordingly, set a minimum term of five years and an additional term of three years imprisonment.

2 The applicant seeks leave to appeal against the sentence imposed.

3 The relevant facts as found for sentencing purposes were as follows:

4 On 10 January 1999 at about 11.30 pm the applicant was driving a motor vehicle on Barrenjoey Road. He had a passenger in the vehicle named Thomas Lang. The applicant was driving in a northerly direction when the vehicle left the road, eventually colliding with a power pole on the north-western corner of Polo Avenue which forms a T intersection with Barrenjoey Road on the western side of Barrenjoey Road. The passenger, Thomas Lang, died from injuries sustained in the collision. Blood analysis revealed that the applicant had a blood alcohol level at the relevant time of 0.216, which is over four times the prescribed limit.

5 The applicant and his now deceased passenger had worked together in a car dealer’s yard. On the evening of Sunday 10 January 1999 the applicant drove the deceased to the Newport Arms Hotel where the applicant had a quantity of beer. Then the applicant and his passenger went to a café at Collaroy where they stayed until about eleven o’clock. Whilst in that café the applicant drank a quantity of beer and a quantity of vodka tonics. Having left the café, the applicant set off to drive his passenger home, and had travelled some 8-10 kilometres before the accident occurred.

6 The sentencing judge referred to the features of the roadway in the vicinity of the accident and I draw on what his Honour had to say in this regard. The applicant travelled along Pittwater Road, a main arterial road which became Barrenjoey Road at Mona Vale. The…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Woodward

Details

AGLC: R v Woodward [2001] NSWCCA 90
Case: [2001] NSWCCA 90
Decision Date: 23 March 2001

CaseChat Overview and Summary

The applicant, Christopher Paul Woodward, was convicted by the District Court of aggravated dangerous driving occasioning death and sentenced to eight years imprisonment with a minimum term of five years. The applicant sought leave to appeal against the sentence imposed, contending that it was manifestly excessive. The Court of Criminal Appeal was required to determine whether the sentence was manifestly excessive and whether there had been any error in the findings of fact made by the sentencing judge.

The Court of Criminal Appeal considered the submissions made on behalf of the applicant, including the argument that the sentence was manifestly excessive due to an error in finding that the objective circumstances of the offence placed it in the category of more serious aggravated dangerous driving occasioning death cases. The Court also considered whether the judge erred in sentencing the applicant on the basis that mechanical defect in the vehicle played no part in contributing to the cause of the accident. Furthermore, the Court examined whether insufficient weight was given to the subjective circumstances of the applicant, particularly his significant rehabilitation and his remorse.

The Court found that the sentencing judge had carefully considered the evidence and had come to a conclusion as to the objective circumstances of the offence, which was not erroneous. The Court also found that the sentencing judge had given full weight to the subjective circumstances of the applicant, including his significant rehabilitation and his remorse. The Court concluded that the sentence imposed was severe but not manifestly excessive, and accordingly, the appeal was dismissed.

The Court of Criminal Appeal dismissed the appeal against sentence, and the original sentence of eight years imprisonment with a minimum term of five years stands.

Orders