Elphick v R [2021] NSWCCA 167

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Elphick v R [2021] NSWCCA 167 Hearing dates: 12 July 2021 Decision date: 21 July 2021 Before: Basten JA at [1]; Walton J at [2]; Adamson J at [3] Decision: (1) Grant leave to the applicant to appeal against the sentence imposed on him in the District Court on 19 January 2021. (2) Appeal dismissed. Catchwords: CRIME — Appeals — Appeal against sentence —The sentencing judge did not overstate the applicant's moral culpability — Applicant drove straight into the side of a highly visible vehicle on a highway with a speed limit of 110kph — Conduct constituted an egregious want of care — Failure to look properly and assess the presence of oncoming traffic created a substantial risk of collision with catastrophic consequences — The sentencing judge properly assessed the application for an ICO — Assessed the applicant's risk of reoffending low whether given an ICO or full-time custody — The purposes of general deterrence would not be sufficiently served by an ICO — Sentence was not manifestly excessive Legislation Cited: Crimes Act 1900 (NSW), s 52A Criminal Appeal Act 1912 (NSW), s 5 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 66 Cases Cited: Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 Thai v R [2009] NSWCCA 314 Category: Principal judgment Parties: Luke Elphick (Applicant) Regina (Respondent) Representation: Counsel: D Dalton SC / S Kluss (Applicant) G Newton (Respondent)