Britton v R [2024] NSWCCA 138

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Britton v R [2024] NSWCCA 138 Hearing dates: 3 May 2024 Date of orders: 26 July 2024 Decision date: 26 July 2024 Before: Stern JA at [1]; Rothman J at [8]; Yehia J at [163] Decision: (1) Grant leave to appeal. (2) Allow the Appeal. (3) Quash the sentence imposed on the applicant by the District Court on 13 April 2023. (4) Impose the following sentence on the applicant: (a) Record a conviction for 2 Counts of unlawful killing on 28 September 2019, the victims for which were Kazzandra Widders and Skye Luland. (b) Impose an aggregate sentence of a non-parole period of 2 years and 3 months commencing 19 January 2023 and expiring 18 April 2025 with a remainder of term of a further 2 years and 9 months, expiring 18 January 2028. (5) The applicant is first eligible for parole on 18 April 2025. (6) The applicant is warned that as a result of these offences, the State may apply for an Order under the Crimes (High Risk Offenders) Act 2006 (NSW) by which she may, after the expiry of her sentence or after parole, be governed by supervision orders and/or continuing detention. Catchwords: CRIME – appeals – appeal against sentence – manslaughter – where applicant drove motor vehicle towards victims acting in defence of her daughter – whether sentencing judge failed to take into account relevant considerations when assessing objective seriousness – relationship between objective seriousness and moral culpability – identifiable error in the sentencing exercise – applicant re-sentenced. Legislation Cited: Crimes Act 1900 (NSW), s 24 Crimes Sentencing (Procedure) Act 1999 (NSW), ss 3A, 5, 22A, 23 Criminal Appeal Act 1912 (NSW), s 6(3) Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: BM v R [2019] NSWCCA 223 Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 Director General of Department of Community Services; Re Sophie [2008] NSWCA 250 Douglass v R [2001] NSWCCA 250; (2001) 34 MVR 35 DS v R; DM v R (2022) 109 NSWLR 82; [2022] NSWCCA 156 Elias v The Queen (2013) 248 CLR 483; [2013] HCA 31 House v The King (1936) 55 CLR 499; [1936] HCA 40 Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221 Paterson v R [2021] NSWCCA 273 R v Blacklidge (Court of Criminal Appeal (NSW), Gleeson CJ, 12 December 1995, unrep) R v Borkowski [2009] NSWCCA 102; (2009) 195 A Crim R 1 Russell v R (2023) 112 NSWLR 533; [2023] NSWCCA 272 Tepania v R [2018] NSWCCA 247 Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14 Category: Principal judgment Parties: Linda Maree Britton (Applicant) Rex (Respondent) Representation: Counsel: S J Odgers SC (Applicant) M Millward (Respondent)