Regina v Rayner [2002] NSWCCA 309

New South Wales Court of Criminal Appeal

CITATION : Regina v Rayner [2002] NSWCCA 309 FILE NUMBER(S) : CCA 60115/2002 HEARING DATE(S) : 25 June, 2002 JUDGMENT DATE : 25 June 2002

PARTIES : Regina Mark Rayner JUDGMENT OF : Smart AJ at 16; Blanch AJ at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/31/0076 LOWER COURT JUDICIAL Job DCJ OFFICER :

COUNSEL : W G Dawe QC (Crown) R C Nicol (appellant) SOLICITORS : S E O'Connor (Crown) Collins & Thompson (appellant) CATCHWORDS : Criminal law - aggravated dangerous driving occasioning death - aggravated dangerous driving occasioning grievous bodily harm - aggravating features LEGISLATION CITED : Crimes Act, 1900, s52A(2), s52A(4) R v Jurisic (1998) 45 NSWLR 209 R v Kaliti [2001] NSWCCA 268 CASES CITED: R v Khan [2000] NSWCCA 454 R v Hill CCA (NSW) unreported 4 December, 1998 R v Black CCA (NSW) unreported 23 July, 1998 R v McDonald CCA (NSW) unreported 12 October, 1998 DECISION : Application for extension of time to appeal granted. Leave to appeal refused.

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IN THE COURT OF CRIMINAL APPEAL 60115/2002

SMART AJ BLANCH AJ

25 June, 2002 REGINA v Mark RAYNER Judgment 1 BLANCH AJ: This is an application for an extension of time to appeal against a sentence imposed at Gosford District Court on 13 December, 2001. The applicant entered pleas of guilty to one count of aggravated dangerous driving occasioning death, contrary to s52A(2) of the Crimes Act which has a maximum penalty of fourteen years and also to one count of aggravated dangerous driving occasioning grievous bodily harm, contrary to s52A(4) of the Crimes Act which has a maximum penalty of eleven years. In respect of the first count, he was sentenced to six years, with a non-parole period of four years, the sentence to date from 12 December, 2001 and the non-parole period to expire on 11 December, 2005. On the second count, the applicant was sentenced to a fixed term of four years imprisonment to date from 12 December, 2001.