R v COLLINS [2003] NSWCCA 244

New South Wales Court of Criminal Appeal

CITATION : R v COLLINS [2003] NSWCCA 244 HEARING DATE(S) : 01/09/2003 JUDGMENT DATE : 1 September 2003

JUDGMENT OF : Dunford J at 1; Greg James J at 33 DECISION : Leave to appeal granted. Appeal allowed. Applicant re-sentenced.

CATCHWORDS : Criminal Law - sentencing - drive manner dangerous causing grievous bodily harm - rage driving - many people in area - provocation - prior criminal record including similar offences - extenuating circumstances - plea of guilty - prospects of rehabilitation LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 s 44 R v Jurisic (1998) 45 NSWLR 209 CASES CITED : R v Thomson [2000] NSWCCA 309, 49 NSWLR 383 R v Whyte [2002] NSWCCA 343, 55 NSWLR 252 PARTIES : Regina (Respondent) Nathan Dennis Collins (Appellant) FILE NUMBER(S) : CCA 60175/03 COUNSEL : P Miller - Respondent P Winch - Appellant SOLICITORS : SE O'Connor - Respondent DJ Humphreys - Appellant

LOWER COURT District Court JURISDICTION : LOWER COURT 02/31/0340 FILE NUMBER(S) : LOWER COURT Mahoney ADCJ JUDICIAL OFFICER :

- 5 - IN THE COURT OF CRIMINAL APPEAL 060175/03

DUNFORD J GREG JAMES J

MONDAY 1 SEPTEMBER 2003 R v NATHAN DENNIS COLLINS Judgment 1 DUNFORD J: This is an application by Nathan Dennis Collins for leave to appeal against the sentence imposed on him by his Honour, Acting Judge Mahoney QC, in the District Court at Gosford on 27 November 2002 following his plea of guilty to one count of Dangerous Driving Occasioning Grievous Bodily Harm contrary to s 52A(3)(c) of the Crimes Act 1900 which offence carries a maximum penalty of seven years imprisonment.