Thompson v R

Case [2007] NSWCCA 299


New South Wales
Court of Criminal Appeal

CITATION: Thompson v R [2007] NSWCCA 299
This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 2 October 2007
 
JUDGMENT DATE: 

24 October 2007
JUDGMENT OF: Hodgson JA at 1; Hislop J at 2; Latham J at 45
DECISION: Leave to appeal granted; appeal dismissed.
LEGISLATION CITED: Crimes Act, 1900
Criminal Procedure Act, 1986
Crimes (Sentencing Procedure) Act, 1999
Criminal Appeal Act, 1912
CASES CITED: R v Thomson & Houlton (1999-2000) 49 NSWLR 383
R v Cameron (2005) 157 A Crim R 70
R v Vukic [2003] NSWCCA 13
R v Jaworowski (1999) 108 A Crim R 489
R v Woodward [2001] NSWCCA 90
Markarian v The Queen (2005) 215 ALR 213
R v Simpson (2001) 53 NSWLR 704
PARTIES: Robert Thompson v Regina
FILE NUMBER(S): CCA 2006/00004949
COUNSEL: P. Byrne SC/P. Johnson (Applicant)
N. Adams (Crown)
SOLICITORS: The Law Practice (Applicant)
Solicitor for Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/21/3360
LOWER COURT JUDICIAL OFFICER: Marien DCJ
LOWER COURT DATE OF DECISION: 27 June 2006


                          2006/00004949

                          HODGSON JA
                          HISLOP J
                          LATHAM J

                          Wednesday 24 October 2007
Robert THOMPSON v REGINA
Judgment

1 HODGSON JA: I agree with Hislop J.


      HISLOP J :

      Introduction

2 On 20 March 2006 the applicant pleaded guilty to a charge that on 15 August 2003 at Couridjah in the State of New South Wales he did drive a motor vehicle in a manner dangerous to other persons, whereby the vehicle was involved in an impact, as a result of which the death of Andrea Carson was occasioned, and in circumstances of aggravation, namely that he was driving the vehicle at a speed that exceeded, by more than 45 kph, the speed limit applicable to that length of road. He also pleaded guilty to a similar charge in respect of the death of Carmel Perkins. The maximum penalty for each offence was 14 years imprisonment - Crimes Act, 1900, s 52A(2).

3 The pleas of guilty were accepted by the Crown in full satisfaction of the indictment presented against the applicant which included counts of manslaughter in respect of the deaths.

4 On 27 June 2006 the applicant was sentenced in the District Court to a non parole period of five years imprisonment with a total sentence of eight years imprisonment in respect of each offence. The sentence in respect of the first offence commenced on 27 June 2006, the second on 27 December 2008. The total effective sentence imposed upon the applicant was thus a non parole period of seven and a half years with an additional term of three years.

5 The applicant has sought leave to appeal against those sentences.

6 In addition to the above charges, there were related and back-up charges which were dealt with pursuant to s 166 of the Criminal Procedure Act 1986.

7 The facts, which were either agreed or were the subject…

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Thompson v R [2007] NSWCCA 299
Case
[2007] NSWCCA 299
Decision Date

CaseChat Overview and Summary

The appeal heard by the court involved the applicant, Thompson, who had pleaded guilty to charges of dangerous driving causing death under circumstances of aggravation. The matter was brought before the court to challenge the severity of the sentence imposed. The court was tasked with determining whether the sentence imposed for each individual offence and the overall aggregate sentence fell within the discretionary range that was open to the sentencing judge. Additionally, the court needed to assess whether there were any other sentencing errors that warranted a review or alteration of the sentence.

The legal issues before the court encompassed whether the sentence imposed by the sentencing judge was appropriate in light of the statutory guidelines and whether the sentence was within the discretionary range. The court examined the specific details of the dangerous driving incident, including the circumstances of the aggravation, to determine if the sentence was commensurate with the seriousness of the offence. The court also considered whether the sentencing judge had correctly applied the relevant statutory provisions and if there were any procedural errors that could have influenced the outcome of the sentencing.

Upon review, the court found that the sentence imposed for each individual offence and the overall aggregate sentence were within the discretionary range available to the sentencing judge. The court determined that the sentencing judge had properly considered the statutory guidelines and the circumstances of the offence. The court concluded that no other sentencing errors had been established and that the sentence imposed was appropriate. Therefore, the appeal was dismissed as the court found no grounds to interfere with the sentence imposed by the sentencing judge.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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