Regina v Pevy [2004] NSWCCA 414

New South Wales Court of Criminal Appeal

CITATION : Regina v Pevy [2004] NSWCCA 414 revised - 29/11/2004 HEARING DATE(S) : 28 September 2004 JUDGMENT DATE : 25 November 2004

JUDGMENT OF : Santow JA at 1; Hislop J at 29; Smart AJ at 30 DECISION : (1) Application for leave to appeal against sentence granted; (2) Appeal allowed so far only as the minimum period is concerned; (3) Sentence imposed in the District Court quashed only so far as the non-parole period is concerned and so as to substitute a non-parole period of three years and three months imprisonment to commence on 30 March 2003 and expire on 29 June 2006 with the balance of the term to expire on 29 March 2008.

CATCHWORDS : SENTENCING - Leave to appeal against sentence for one count of aggravated dangerous driving causing death - Whether statutory proportion should be varied, with or without reference to special circumstances - Did the sentencing judge err in failing to consider and find special circumstances? LEGISLATION CITED : Crimes Act 1900 (NSW) s52A, (1), (2) and (7)(c) R v Elrifai [2002] NSWCCA 496 R v Fidow [2004] NSWCCA 172 R v Quarta [2000] NSWCCA 406 CASES CITED : R v Simpson (2001) NSWLR 704 R v Skrill [2002] NSWCCA 484 R v Thomson; R v Houlton (2000) 49 NSWLR 383 R v Woodward [2001] NSWCCA 90 PARTIES : Adrian Charles PEVY (Applicant) Regina (Respondent) FILE NUMBER(S) : CCA 2004/1881 CCAP COUNSEL : R BURGESS (Applicant) E WILKINS (Respondent) SOLICITORS : Steve O'Connor (Legal Aid Commission) (Applicant) S Kavanagh (Solicitor for Public Prosecutions) (Respondent)