NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : REGINA v COUSINS [2002] NSWCCA 81 FILE NUMBER(S) : CCA 60878/01 HEARING DATE(S) : 5 March 2002 JUDGMENT DATE : 5 March 2002
PARTIES : Regina Peter John Cousins JUDGMENT OF : Spigelman CJ at 1,39; Grove J at 37; Smart AJ at 38
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/0878 LOWER COURT JUDICIAL Naughton DCJ OFFICER :
COUNSEL : R A Hulme (Crown) C B Craigie SC (Respondent) SOLICITORS : S E O'Connor (Crown) D J Humphreys (Respondent) CATCHWORDS : CRIMINAL LAW - sentencing - Crown appeal against inadequacy of sentence - whether sentence manifestly inadequate - aggravated dangerous driving occasioning death and grievous bodily harm - whether offence fell within worst category of offences of this kind - where gravity extremely high and subjective case for offender weak - whether discount for guilty plea appropriate - whether finding of special circumstances based on rehabilitative prospects appropriate where persistently defiant attitude to law demonstrated. LEGISLATION CITED : Crimes Act 1900 Siganto v The Queen (1998) 194 CLR 656 CASES CITED: R v Thomson and Houlton (2000) 49 NSWLR 383 Cameron v The Queen [2002] HCA 6 DECISION : Appeal allowed, sentence for offence of dangerous driving occasioning death quashed. Respondent sentenced to imprisonment for eight years commencing 5 April 2001 with a non-parole period of six years expiring 4 April 2007.
IN THE COURT OF CRIMINAL APPEAL 60878/01
SPIGELMAN CJ GROVE J SMART AJ
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