Regina v LEE [2002] NSWCCA 236

Reported Decision : (2002) 131 A Crim R 209

New South Wales Court of Criminal Appeal

CITATION : Regina v LEE [2002] NSWCCA 236 FILE NUMBER(S) : CCA 60458/01 HEARING DATE(S) : 15 April 2002 JUDGMENT DATE : 19 June 2002

PARTIES : Regina Doo Jin LEE JUDGMENT OF : Spigelman CJ at 1; Mason P at 31; Barr J at 32; Bell J at 33; McClellan J at 34

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/21/0072 LOWER COURT JUDICIAL Christie QC DCJ OFFICER :

T A Game SC / H K Dhanji (Applicant) G E Smith / E A Wilkins (Crown) COUNSEL : R D Cogswell SC / M Buscombe / B Baker (Attorney General) A C Haesler SC (Senior Public Defender)

D J Humphreys (Applicant) SOLICITORS : S E O'Connor (Crown) I V Knight (Attorney General) D J Humphreys (Senior Public Defender) CATCHWORDS : CRIMINAL LAW - application for leave to appeal against sentence - aggravated dangerous driving causing grievous bodily harm - where plea of guilty - whether sentencing judge took into account the utilitarian value of the plea LEGISLATION CITED : Crimes Act 1900 Dinsdale v The Queen (2000) 202 CLR 321 R v Dodd (1991) 57 A Crim R 349 CASES CITED: R v Jurisic (1998) 45 NSWLR 209 R v Sharma [2002] NSWCCA 142 R v Thomson (2000) 49 NSWLR 383 Wong v The Queen [2001] HCA 64; 76 ALJR 79 DECISION : 1. Leave to appeal against sentence granted and appeal allowed; 2. Sentence imposed below quashed and Applicant sentenced to a term of imprisonment of two years and three months to expire on 9 August 2003, with a non-parole period of one year, one month and two weeks to expire on 24 June 2002; 3. Order made below that Applicant be disqualified from driving for three years from 17 May 2001 affirmed.