NSW Caselaw
Reported Decision : 157 A Crim R 553
New South Wales Court of Criminal Appeal
CITATION: REGINA v ERRINGTON [2005] NSWCCA 348
HEARING DATE(S): 12 September 2005
JUDGMENT DATE: 19 October 2005
JUDGMENT OF: Mason P at 1; Grove J at 52; Buddin J at 53
DECISION: Appeal dismissed.
CATCHWORDS: SENTENCING - dangerous driving causing death - dangerous driving causing grievous bodily harm - guilty plea - licence disqualification - three year automatic statutory period - discretion to shorten disqualification period - driving behaviour unexplained - whether insufficient regard to the offender's subjective case - typical offender in R v Whyte - abandonment of responsibility - momentary inattention or misjudgement - contumacious offending - no change to sentence. (D)
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Road Transport (General) Act 1999
Application by the Attorney General [2004] NSWCCA 303, 61 NSWLR 305 Police v Cadd (1997) 69 SASR 150 R v Bailey [2001] NSWCCA 10 CASES CITED: R v Hallocoglu (1992) 29 NSWLR 67 at 75). R v Howland [1999] NSWCCA 10 R v Jurisic (1998) 45 NSWLR 209 R v Whyte (2002) 55 NSWLR 252
REGINA PARTIES: Burt ERRINGTON
FILE NUMBER(S): CCA 2005/1301
Appellant: A Francis COUNSEL: Crown: P Ingram
Appellant: Simon Fung-Greenfield Lawyers Pty Ltd SOLICITORS: Crown: Public Prosecutions
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 04/11/1182
LOWER COURT JUDICIAL OFFICER: Balla DCJ
IN THE COURT OF CRIMINAL APPEAL CCA 2005/1301
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