McMillan v Police

In McMillan v Police, the appellant, Blair McMillan, appealed his sentence for driving with excess blood alcohol causing the death of Rebecca Lee Todd and causing injuries to her two daughters, Caitlin and Brooke Todd. McMillan was sentenced to four years’ imprisonment by the District Court, with a disqualification from holding a driver’s licence for three years and a requirement to pay reparation to the victims. The appellant argued that the starting point of six years’ imprisonment was too high and that the discount given for the restorative justice process and his remorse was insufficient. The respondent conceded that the starting point was too high but argued that the combined discount of one third was within the Judge’s discretion. The Court found that the starting point was indeed too high, considering the absence of other aggravating factors such as excessive speed or dangerous driving. The Court also found that a more generous discount was appropriate, reducing the sentence to two years’ imprisonment. However, due to the high blood alcohol level, the Court did not consider home detention an appropriate sentencing response and maintained the imprisonment sentence. The appeal was allowed, and the sentences were modified accordingly.