Regina v Bishop [2002] NSWCCA 263

New South Wales Court of Criminal Appeal

CITATION : Regina v Bishop [2002] NSWCCA 263 FILE NUMBER(S) : CCA 60722/01 HEARING DATE(S) : 21 June 2002 JUDGMENT DATE : 21 June 2002

PARTIES : Regina v Justin Steven Bishop JUDGMENT OF : Greg James J at 1, 29; Smart AJ at 2

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/21/1086 LOWER COURT JUDICIAL Viney DCJ OFFICER :

COUNSEL : (A) B T Stratton QC (C) L M B Lampratti SOLICITORS : (A) Beckers & Associates (C) S E O'Connor CATCHWORDS : Sentencing - Dangerous driving occasioning three deaths and dangerous driving occasioning grievous bodily harm to two persons -Sentences not excessive R v Jurisic (1998) 45 NSWLR 209 CASES CITED: R v Musumeci CCA 30 October 1997 unrep R v Slattery (1996) 90 A Crim R 519 at 522 DECISION : See para 28

IN THE COURT OF CRIMINAL APPEAL

60722/01 GREG JAMES J SMART AJ

Friday 21 June 2002 REGINA v JUSTIN STEVEN BISHOP JUDGMENT 1. GREG JAMES J: I will ask Smart AJ to deliver the first judgment.

2. SMART AJ: Justin Steven Bishop seeks leave to appeal against the asserted severity of three concurrent sentences of imprisonment for six years with a non parole period of three years for dangerous driving occasioning death and two concurrent sentences of imprisonment for four years with a non parole period of two years for dangerous driving occasioning grievous bodily harm. The applicant was acquitted of the more serious charges of aggravated dangerous driving (exceed speed limit by 45 kilometres per hour) occasioning death and aggravated dangerous driving, (exceed speed limit by 45 kilometres per hour) occasioning grievous bodily harm. The maximum penalties are ten years imprisonment for dangerous driving occasioning death and seven years for dangerous driving occasioning grievous bodily harm.