The Queen v Prasad Gorladenchearau
[2012] HCASL 102
THE QUEEN
v
PRASAD GORLADENCHEARAU
[2012] HCASL 102
M5/2012
The respondent pleaded guilty to offences arising out of a motor vehicle collision. Three persons suffered injury in the collision. One sustained traumatic brain injury, leaving her permanently incapacitated. The collision was caused by the respondent driving into a major intersection at an excessive speed through a red traffic light. He was significantly affected by alcohol at the time.
The sentencing judge (Judge Gullaci) imposed an overall sentence of six and a half years' imprisonment with a non-parole period of four years.
The respondent appealed against the severity of sentence to the Court of Appeal of the Supreme Court of Victoria (Maxwell P, Ashley JA and Ross AJA). The Court was unanimous in holding that the sentence of five years imposed on the first count, which charged an offence of negligently causing serious injury, was manifestly excessive. Maxwell P came to this conclusion by reference to current Victorian sentencing practice. Ashley JA and Ross AJA in their joint reasons agreed that the sentence was manifestly excessive. Their Honours rested this conclusion more on the presence of a number of mitigating circumstances than on consideration of current sentencing practice.
The Crown applies for special leave to appeal. This Court should be slow to grant special leave against the unanimous holding of an intermediate court that a sentence is manifestly excessive. In this case the Crown seeks to challenge Maxwell P's approach to the significance of current sentencing practice in the appellate review of sentence. In circumstances in which that consideration was not prominent to the reasoning of the other two members of the Court, it is not appropriate to grant the leave that is sought.
The application is dismissed.
Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application.
J.D. Heydon
20 June 2012V.M. Bell
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