R v Dutton [2005] NSWCCA 248

New South Wales Court of Criminal Appeal

CITATION: R v Dutton [2005] NSWCCA 248

HEARING DATE(S): 14/07/2005

JUDGMENT DATE: 20 July 2005

JUDGMENT OF: Studdert J at 1; Kirby J at 2; Howie J at 3

DECISION: The appeal is allowed and the sentence is quashed. In lieu the respondent is sentenced to imprisonment for 2 years. There is to be a non-parole period of 15 months. The sentence is to be served by way of periodic detention. The sentence is to commence on 23 July 2005. The respondent is to be released to parole on 22 October 2006. She is to attend the Detention Centre for Women at Parramatta by 8 am on 23 July 2005 and thereafter every Friday at 7 pm.

CATCHWORDS: Criminal Law - Sentence - Crown appeal against sentence for dangerous driving - suspended sentence - whether manifestly inadequate - finding of judge as to culpability of respondent based upon blood alcohol reading taken 2 1/2 hours after the impact erroneous - appeal allowed and respondent re-sentenced.

Crimes Act 1900 - ss 52A(2), 52A(3), 52A(4), 52A(7), 52A(9), 52AA LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 - s 12

R v Khouzame [2000] NSWCCA 505 R v McMillan [2005] NSWCCA 28 R v Zamagias [2002] NSWCCA 17 R v Taylor [2000] NSWCCA 442 CASES CITED: R v Foster [2001] NSWCCA 215 R v Whyte (2002) 55 NSWLR 252 R v Errington [1999] NSWCCA 18 R v Berg [2004] NSWCCA 300 Markarian v The Queen (2005) 215 ALR 213

PARTIES: Regina v Bronwyn Gay Dutton

FILE NUMBER(S): CCA 2005/620

G. Rowling - Crown COUNSEL: B. Niven - Respondent