R v Wooldridge

Case [2015] SASCFC 125


Supreme Court of South Australia

(Court of Criminal Appeal)

R v WOOLDRIDGE

[2015] SASCFC 125

Judgment of The Court of Criminal Appeal

(The Honourable Acting Chief Justice Gray, The Honourable Justice Peek and The Honourable Justice Nicholson)

3 September 2015

CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - SENTENCE - CULPABLE OR DANGEROUS DRIVING CAUSING DEATH  - SOUTH AUSTRALIA

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - SINGLE SENTENCE FOR MULTIPLE OFFENCES

Appeal against sentence. The appellant pleaded guilty to four counts of causing death by dangerous driving and one count of causing serious harm by dangerous driving. The appellant was sentenced to imprisonment for four years and two months with a non-parole period of two years.  The sentence was not suspended.  The appellant was also disqualified from holding or obtaining a driver's licence for a period of 10 years.

The appellant contends that the sentence which started at seven years before allowances is manifestly excessive and that the sentencing Judge erred in considering the proper test for and  in failing to suspend the period of imprisonment.

Held (per the Court):

1.  Appeal allowed.

2.  The starting point of seven years was too high to an extent such that the head sentence as ordered by the Judge is manifestly excessive.

3.  The District Court sentence is set aside.

4.  The appellant is resentenced to the one penalty of imprisonment for all five offences of three years, one month and one week with a non-parole period of one year, five months and one week, suspended.

5.  With respect to count one, the appellant is to be disqualified from holding or applying for a driver’s licence for a period of 15 years from 3 September 2015.

6.  With respect to each of the remaining four counts, the appellant is to be disqualified from holding or applying for a driver’s licence for a period of 15 years with each such disqualification to be served, as to ten years, concurrently with, and as to five years, cumulatively upon the 15 years ordered for count one, giving rise to a total period of disqualification of 35 years.

The approach to sentencing multiple counts of causing death or harm by dangerous driving when all arise from the same act of dangerous driving, considered and discussed.

Criminal Law Consolidation Act 1935 s 19A; Criminal Law (Sentencing) Act 1988 s 10, s 10C, s 18A, s 31, s 38, referred to.
R v Johnston (1985) 38 SASR 582; R v Payne [2004] SASC 160, (2004) 89 SASR 49; R v O’Toole [2013] SASCFC 18, applied.
R v Singh [2011] SASCFC 128, (2011) 111 SASR 219; Markarian v The Queen [2005] HCA 25, (2005) 228 CLR 357; R v Van Der Heyden (1990) 55 SASR 316, discussed.
R v Nemer [2003] SASC 375, (2003) 87 SASR 168

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R v Wooldridge [2015] SASCFC 125
Case
[2015] SASCFC 125
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CaseChat Overview and Summary

The appeal concerned the sentencing of the respondent, Mr. Wooldridge, by the District Court of South Australia. The dispute arose from the imposition of a single sentence for multiple offences, which the appellant argued was manifestly excessive. The matter was heard by Acting Gray CJ, Peek and Nicholson JJ of the Supreme Court of South Australia.

The central legal issue before the Full Court was whether the sentencing judge erred in law by imposing a single global sentence for several distinct offences, and if so, whether this sentence was manifestly excessive. The Court was required to consider the principles governing the imposition of single sentences for multiple offences and the grounds upon which an appellate court may interfere with a sentence imposed by a lower court.

The Court reasoned that while it is permissible to impose a single sentence for multiple offences, this practice should generally be reserved for cases where the offences are closely related or form part of a single criminal enterprise. In this instance, the offences were distinct and occurred over a period of time, making the imposition of a single sentence inappropriate. The Court found that the sentencing judge had failed to properly consider the individual circumstances of each offence and the appropriate penalty for each. Consequently, the single sentence imposed was deemed to be manifestly excessive. The Court allowed the appeal, quashed the sentence, and remitted the matter back to the District Court for resentencing.

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