Regina v Docker [2005] NSWCCA 425

New South Wales Court of Criminal Appeal

CITATION: Regina v Docker [2005] NSWCCA 425

HEARING DATE(S): 31 August 2005

JUDGMENT DATE: 8 December 2005

JUDGMENT OF: Kirby J at 1; Smart AJ at 2; Patten AJ at 156

DECISION: See para 155

CATCHWORDS: Dangerous driving occasioning death and grievous bodily harm - 2 offences - one accident - Admissibility of evidence - facts part of a circumstantial case - verdict not unreasonable and supported by the evidence - combined effect of facts and circumstances - partial accumulation of sentences - erroneous inclusion in sentence on count 1 of additional element because of second offence

LEGISLATION CITED: Evidence Act 1995

Jones v The Queen (1997) 191 CLR R v Jurisic (1998) 45 NSWLR 209 M v The Queen (1994) 181 CLR CASES CITED: MFA v The Queen (2002) 213 CLR 606 Pearce v The Queen (1998) 194 CLR 610 R v Whyte (2002) 55 NSWLR 252

PARTIES: Regina v Gerald James Docker

FILE NUMBER(S): CCA 2005/1185

(A) No counsel COUNSEL: (C) D Arnott

(A) C V Jeffreys SOLICITORS: (C) S Kavanagh

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 02/11/0944

LOWER COURT JUDICIAL OFFICER: Black DCJ

IN THE COURT OF CRIMINAL APPEAL 2005/1185 KIRBY J SMART AJ PATTEN AJ Thursday, 8 December 2005 Regina v Gerald James DOCKER Judgment

1. KIRBY J: I have had the advantage of reading the draft judgment of Smart AJ. I agree with that judgment and the orders proposed. In reaching that view, I have given consideration to the applicant's drug history and whether the period of supervision proposed is adequate. Were it not adequate, a finding of special circumstances may have been appropriate. However, in my view an 18 month period of supervision is adequate. More than that, I believe that no lesser period of incarceration than four and a half years would have been appropriate, having regard to the need for general deterrence and denunciation.