NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v Janceski [2005] NSWCCA 288
HEARING DATE(S): 20/06/2005
JUDGMENT DATE: 18 August 2005
JUDGMENT OF: Spigelman CJ at 1; Hunt AJA at 2; Howie J at 41
DECISION: 1. Crown appeal is upheld and sentences are quashed. 2. In lieu, the following sentences are imposed (i) On the first count a total sentence of imprisonment for 4 years commencing on 11 February 2004 and concluding on 10 February 2008 with a non-parole period of 2 years commencing on 11 February 2004 and concluding on 10 February 2006. (ii) On the second count, a total sentence of imprisonment for 4 years commencing on 11 February 2005 and concluding on 10 February 2009 with a non-parole period of 2 years commencing on 11 February 2005 and concluding on 10 February 2007. 3. The respondent will be eligible for release on parole on 10 February 2007. 4. The disqualification of the respondent for 3 years is confirmed.
CATCHWORDS: Criminal Law - Sentencing - Crown appeal - Sentence imposed after trial for two counts of dangerous driving causing death - car chase through suburban streets - impact caused by driver of other vehicle - concurrent sentences - insufficient weight given to culpability of respondent - appeal allowed - respondent resentenced.
Crimes Act 1900 - ss 51A, 52A LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 - ss 3A, 21A
Regina v McMillan [2005] NSWCCA 28 Regina v Whyte (2002) 55 NSWLR 252 Pearce v The Queen (1998) 194 CLR 610 Vogel & Son Pty Ltd v Anderson (1968) 120 CLR 157 Regina v Tadrosse [2005] NSWCCA 145 Regina v Weldon (2002) 136 A Crim R 55 Regina v Price [2004] NSWCCA CASES CITED: Regina v Errington [1999] NSWCCA 18 Regina v Whelan [2004] NSWCCA 379 Regina v Jurisic (1998) 45 NSWLR 209 Regina v Musumeci (Court of Criminal Appeal, 30 October 1997, unreported) Regina v Winchester (1992) 58 A Crim R 345 Regina v Salameh (Court of Criminal Appeal, 9 June 1994, unreported) Regina v Holder & Johnston [1983] 2 NSWLR 245 Regina v CJP [2004] NSWCCA 188
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate