Woodbridge v R

Case [2010] NSWCCA 185


New South Wales
Court of Criminal Appeal

CITATION: Woodbridge v R [2010] NSWCCA 185
HEARING DATE(S): 11 August 2010
 
JUDGMENT DATE: 

16 December 2010
JUDGMENT OF: McClellan CJatCL at 1; Hulme J at 3; Davies J at 54
DECISION: (1) Appellant’s appeal against conviction dismissed. (2) Crown's appeal against sentence upheld. (3) Quash the sentences imposed by Walmsley DCJ. (4) In lieu (i) For the offence of manslaughter – imprisonment for 7 years including a non-parole period of 4 years, both such periods commencing on 27 November 2011; and (ii) For the offence of aggravated dangerous driving occasioning grievous bodily harm - imprisonment for a fixed term of 3 years commencing on 27 November 2009.
CATCHWORDS: CRIMINAL LAW - appeal and new trial - appeal against conviction - manslaughter by driving - driving whilst intoxicated causing grievous bodily harm - defence of automatism - whether sane or insane automatism - Judge not permitting sane automatism to be left to the jury - whether Accused had adduced evidence sufficient to be left to the jury - whether Accused had a "disease of the mind" - no evidence of sane automatism. CRIMINAL LAW - appeal against sentence - crown appeal - whether sentence manifestly inadequate - hierarchy of offences involving death or serious injury by a motor vehicle - significance of blood alcohol level and distance driven before accident - sentence manifestly inadequate.
LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
CASES CITED: Einfield v R [2010] NSWCCA 87
Falconer V The Queen (1990) 171 CLR 30
Gonzalez v R [2006] NSWCCA 4
M’Naghten’s case (1843) 10 Cl & Fin 200; 8 ER 718
R v Amurao [2005] NSWCCA 32
R v Black (unreported, NSWCCA, 23 July 1998)
R v Blacklidge (unreported, NSWCCA, 12 December 1995)
R v Borkowski [2009] NSWCCA 102; (2009) 195 A Crim R 1
R v Boyle [2009] VSCA 289
R v Cameron [2005] NSWCCA 359; (2005) 157 A Crim R 70
R v Cousins [2002] NSWCCA 81; (2002) 36 MVR 262
R v Clarke (1995) 78 A Crim R 226
R v Cramp [1999] NSWCCA 324; (1999) 110 A Crim R 198
R v Crump (unreported, NSWCCA, 30 May 1994)
R v Do [2000] NSWCCA 459
R v Dunlop [2001] NSWCCA 435
R v Forbes (2005) 160 A Crim R 1
R v Gordon (1994) 71 A Crim R 459
R v Jurisic (1998) 45 NSWLR 209
R v Kalanj (1997) 98 A Crim R 505
R v McKinney [2005] NSWCCA 51; (1999) 29 MVR 355
R v Musumeci (unreported, NSWCCA, 30 October 1997)
R v Porter (1933) 55 CLR 182
R v Rayner [2002] NSWCCA 309
R v Reeves [1999] NSWCCA 269; (1999) 29 MVR 451
R v Rushby (1977) 1 NSWLR 594
R v Ryan [2003] NSWCCA 202; (2003) 39 MVR 395
R v Sen [1999] NSWCCA 199
R v Tadman [2001] NSWCCA 225; (2001) 34 MVR 54
R v Youssef (1990)…

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Woodbridge v R [2010] NSWCCA 185
Case
[2010] NSWCCA 185
Decision Date

CaseChat Overview and Summary

In Woodbridge v R, the High Court of Australia was presented with an appeal against conviction and sentence by the respondent, Woodbridge, who had been convicted of manslaughter by driving while intoxicated, causing grievous bodily harm. Woodbridge had argued that he was not criminally responsible for his actions due to an episode of automatism, but the trial judge did not permit the jury to consider this defence. The respondent also appealed against the sentence imposed, arguing that it was manifestly inadequate given the circumstances of the offence.

The primary legal issues before the Court were whether the trial judge erred in not allowing the jury to consider the defence of sane automatism and whether the sentence imposed was manifestly inadequate. The Court considered whether Woodbridge had adduced sufficient evidence to warrant the defence being left to the jury and whether he suffered from a "disease of the mind," which would have indicated insane automatism. The Court also examined the hierarchy of offences involving death or serious injury by a motor vehicle, taking into account the blood alcohol level and the distance driven before the accident.

The Court found that the trial judge did not err in not permitting the jury to consider the defence of sane automatism, as there was no evidence to support such a defence. The Court concluded that Woodbridge did not have a "disease of the mind," as the evidence indicated that he was suffering from an insulin reaction rather than a psychiatric disorder. Regarding the sentence, the Court held that it was not manifestly inadequate, as it took into account the relevant factors, including the blood alcohol level and the distance driven before the accident. The Court found that the sentence was appropriate and did not require alteration.

No further orders were made by the Court in relation to the appeal against conviction and sentence.

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Background

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Ratio Decidendi

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