R v Do [2000] NSWCCA 459

Reported Decision : [2000] 32 MVR 411

New South Wales Court of Criminal Appeal

CITATION : R v Do [2000] NSWCCA 459 FILE NUMBER(S) : CCA 60732/99 HEARING DATE(S) : 09/08/2000 JUDGMENT DATE : 3 November 2000

PARTIES : Regina Van Dieu Do JUDGMENT OF : Beazley JA at 1; Wood CJ at CL at 24; O'Keefe J at 25

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/11/0855 LOWER COURT JUDICIAL Davidson DCJ OFFICER :

COUNSEL : Crown: R Cogswell SC Respondent: S R Norrish QC SOLICITORS : Crown: S E O'Connor Respondent: Voros & Associates CATCHWORDS : Manifestly inadequate sentence - character - double jeopardy - manslaughter Criminal Appeal Act 1912 (NSW) LEGISLATION CITED : Traffic Act 1909 (NSW) Crimes Act 1900 (NSW) R v Jurisic (1998) 45 NSWLR 209 CASES CITED: R v Howland [1999] NSWCCA 10 R v Musumeci (unreported, NSWCCA, 30 October 1997) R v Rose (unreported, NSWCCA, 23 May 1996) DECISION : Appeal dismissed

IN THE COURT OF

CRIMINAL APPEAL

CCA 60732/99

BEAZLEY JA WOOD CJ at CL O'KEEFE J

Friday, 3 November 2000

REGINA v Van Dieu DO

FACTS

This was a Crown appeal against the sentence imposed on the respondent in respect of his conviction on two counts of manslaughter. It was contended that the sentences were manifestly inadequate and that the sentencing judge placed too much weight on the respondent's good character.

The respondent's convictions arose from his involvement in a motor vehicle accident in which his fully laden truck, with a gross weight of 21 tonnes, ran out of control, collided slightly with one car, collided into a second car and then crashed into the front of a house. Both the driver of the second vehicle and a 13 year old occupant of the house were killed.