R v Lopesi [2025] NSWCCA 15

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Lopesi [2025] NSWCCA 15 Hearing dates: 11 December 2024 Date of orders: 26 February 2025 Decision date: 26 February 2025 Before: Harrison CJ at CL at [1] Davies J at [2] Rigg J at [92] Decision: (1) Dismiss the appeal. Catchwords: CRIME – appeals – appeal against sentence – by Crown against inadequacy – where the respondent pleaded guilty to an offence of dangerous driving occasioning death – where the bus driven by the respondent collided with a kerb and continued forward in an area with school children – where the bus collided with a tree and struck a student before coming to a standstill – whether the sentencing judge erred in his assessment of objective seriousness – where there was no misapplication of principle – where a custodial sentence was appropriate – where the sentence imposed bears out the finding of objective seriousness CRIME – appeals – appeal against sentence – by Crown against inadequacy – whether the sentencing judge erred in finding that the respondent "mistakenly put her foot on the accelerator instead of the brake and grappled to no avail with the handbrake" – where CCTV footage and the respondent's evidence meant the finding was open to the sentencing judge CRIME – appeals – appeal against sentence – by Crown against inadequacy – whether the sentence pronounced is manifestly inadequate – where the sentence fell within the range of sentences contemplated in the guideline judgment – where nothing suggested a sentence within the guideline judgment was not appropriate – where the offender did not have a high level of moral culpability – where the respondent's subjective case was strong – where there was a finding of special circumstances – where it cannot be said that the sentence lies so far outside the range of appropriate sentences that there must have been an error – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) s 52A Crimes (Sentencing Procedure) Act 1999 (NSW) s 30E Criminal Appeal Act 1912 (NSW) s 5D Road Rules 2014 (NSW) s 287 Cases Cited: AB v R [2014] NSWCCA 339 Bresnahan v R [2022] NSWCCA 288; (2022) 305 A Crim R 21 Caristo v R [2011] NSWCCA 7 DH v R [2022] NSWCCA 200 Dorsett v R [2024] NSWCCA 192 Ho v R [2013] NSWCCA 174 MD v R [2015] NSWCCA 37 Mulato v R [2006] NSWCCA 282 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 Ocek v R [2023] NSWCCA 308 R v Bugmy (No 2) [2014] NSWCCA 322; (2014) 247 A Crim R 556 R v Cramp [2004] NSWCCA 264 R v Jurisic (1998) 45 NSWLR 209 R v Khattar [2000] NSWCCA 32 R v Lulham [2016] NSWCCA 287; (2016) 263 A Crim R 287 R v O'Donoghue (1988) 34 A Crim R 397 R v Sara [2020] NSWCCA 119 R v Whyte (2002) 55 NSWLR 252; [2002] NSWCCA 343 Trad v R [2009] NSWCCA 56; (2009) 194 A Crim R 20 Texts Cited: Nil Category: Principal judgment Parties: Crown (Respondent) Penina Lopesi (Respondent) Representation: Counsel: H Roberts SC & M Millward (Respondent) P Coady SC & M Davies (Respondent)