Regina v McKINNEY [1999] NSWCCA 51

New South Wales Court of Criminal Appeal CITATION : Regina v McKINNEY [1999] NSWCCA 51 FILE NUMBER(S) : CCA 60632/98 HEARING DATE(S) : 10 March 1999 JUDGMENT DATE : 10 March 1999

PARTIES : Appellant: Regina Respondent: Robert McKinney JUDGMENT OF : Spigelman CJ at 1; Abadee J at 32; Adams J at 33

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/21/3105 LOWER COURT JUDICIAL OFFICER : Acting Judge Cantrill

COUNSEL : Appellant: P G Ingram Respondent: P R Zahn SOLICITORS : Appellant: S E O'Connor Respondent: T A Murphy CATCHWORDS : CRIMINAL LAW; sentencing; appeal by Crown; principles of general deterrence; principle of double jeopardy; CRIMINAL LAW; driving offences; aggravated dangerous driving causing death; s52A(2) Crimes Act 1900 ACTS CITED : Crimes Act 1900 CASES CITED: R v Jurisic NSWCCA 12 October 1998 R v Kalanj (1997) 98 ACrimR 505 DECISION : Appeal allowed

IN THE COURT OF CRIMINAL APPEAL

60632/98

SPIGELMAN CJ ABADEE J ADAMS J

Wednesday 10 March 1999

REGINA v Robert McKINNEY

The respondent pleaded guilty to a charge of aggravated dangerous driving causing death contrary to s52A(2) of the Crimes Act 1900. The aggravating circumstance was exceeding the concentration of blood alcohol proscribed by s52A(7) and s52A(9).

Held: (Crown appeal against sentence upheld)

The judge at first instance did not give appropriate weight to the principle of general deterrence appropriate for this offence. The sentence is manifestly inadequate. R v Jurisic NSWCCA 12 October 1998; R v Kalanj (1997) 98 ACrimR 505 referred to. - 13 - IN THE COURT OF CRIMINAL APPEAL