R v Takai [2004] NSWCCA 392

Reported Decision : 149 A Crim R 593

New South Wales Court of Criminal Appeal

CITATION : R v Takai [2004] NSWCCA 392 HEARING DATE(S) : 10 November 2004 JUDGMENT DATE : 19 November 2004

JUDGMENT OF : Dunford J at 1; Simpson J at 2; Hidden J at 47 DECISION : (i) application for leave to appeal granted; (ii) appeal allowed, sentence quashed; (iii) the applicant be re-sentenced as follows: imprisonment for two years and six months to commence on 29 January 2004 and expire on 28 July 2006; non-parole period of one year and three months to commence on 29 January 2004 and expire on 28 April 2005.

CATCHWORDS : appeal against severity of sentence - aggravated dangerous driving causing grievous bodily harm - plea of guilty - subjective circumstances - remarks on sentence - application of guideline judgments - level of moral culpability LEGISLATION CITED : Crimes Act 1900 s52A Crimes (Sentencing Procedure) Act 1999 , s5, s21A, s37A, s44 s54A Application by the Attorney General under Section 37 of the Crimes (Sentencing Procedure) Act for a Guideline Judgment Concerning the Offence of High Range Prescribed Concentration of Alcohol Under Section 9(4) of the Road Transport (Safety and Traffic Management) Act 1999 (No. 3 of 2002) [2004] NSWCCA 303 CASES CITED : R v Jurisic (1998) 45 NSWLR 209; R v McKinney [1999] NSWCCA 51; 29 MVR 355 R v Whyte [2002] NSWCCA 343; 55 NSWLR 252; 134 A Crim R 53 PARTIES : Crown - Respondent Applicant - Teresa Manufekai Takai FILE NUMBER(S) : CCA 2004/2219 COUNSEL : Crown - P Power SC Applicant - AJ Bellanto QC SOLICITORS : Crown - S Kavanagh (Solicitor for Public Prosecutions) Applicant - A Valenti