Stewart v The Queen

The appellant, Stewart, appealed against his sentence in the Supreme Court of Victoria, following his conviction for dangerous driving causing serious injury, failing to stop after an accident, and two related summary offences. The Crown sought a total effective sentence of six years’ imprisonment with a non-parole period of four years. The primary judge found the offending to be very serious, took into account the appellant’s criminal history, and considered the time the appellant spent in a residential rehabilitation facility while on bail. The appellant argued that the sentence was manifestly excessive.

The court examined whether the sentence was manifestly excessive by considering the seriousness of the offending, the appellant’s criminal history, and the time spent in the rehabilitation facility. The court noted that the offending involved a significant breach of community standards and resulted in serious injury to the victim. The appellant’s criminal history, which included previous convictions for driving offences, was also considered. The court held that the time spent in the rehabilitation facility should be disregarded when calculating the non-parole period, as it did not constitute time spent in custody. The court concluded that the sentence was not manifestly excessive and dismissed the appeal.

The court held that the sentence imposed was appropriate given the seriousness of the offending and the appellant’s criminal history. The court found that the total effective sentence of six years’ imprisonment with a non-parole period of four years was just and appropriate. The appeal was dismissed, and the original sentence was upheld. The court did not make any further orders.