R v Price [2004] NSWCCA 186

New South Wales Court of Criminal Appeal

CITATION : R v Price [2004] NSWCCA 186 HEARING DATE(S) : 26/05/2004 JUDGMENT DATE : 3 September 2004

JUDGMENT OF : Hulme J at 1; Simpson J at 10; Howie J at 10 DECISION : The appeal is allowed and the sentences imposed by Acting Judge Ducker are quashed. In respect of each count the respondent is sentenced to 3 years imprisonment with a non-parole period of 12 months to date from 27 November 2003. The non-parole period is to expire on 26 November 2004 the date upon which the respondent is to be released to parole. It is to be a condition of his parole that he places himself under the supervision of the Probation and Parole Service.

CATCHWORDS : Criminal Practice and Procedure - Sentencing - Crown appeal following conviction on two counts of dangerous driving causing death - application of R Whyte - relevance of the number of deaths - Crown appeal allowed and the respondent re-sentenced. LEGISLATION CITED : Crimes Act 1900 - s 52A R v Carr (2002) 135 A Crim R 171 R v Whyte (2002) 55 NSWLR 252 R v Skrill [2002] NSWCCA 484 R v Jurisic (1998) 45 NSWLR 209 CASES CITED : R v Sullivan [2004] NSWCCA 99 Pearce v The Queen (1998) 194 CLR 610 Wilkins (1988) 38 A Crim R 445 Gorman [2002] NSWCCA 516 R v Hammoud (2000) 118 A Crim R 66 PARTIES : Regina v Andrew Ian Price FILE NUMBER(S) : CCA 60023/04 COUNSEL : D. Woodburne - Crown A. Cook - Respondent SOLICITORS : S. Kavanagh - Crown S. O'Connor - Respondent