NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Markham v Regina [2007] NSWCCA 295
HEARING DATE(S): 18/05/07
JUDGMENT DATE: 13 November 2007
JUDGMENT OF: McClellan CJ at CL at 1; Hidden J at 2; Price J at 35
DECISION: Leave to appeal granted and appeal allowed. The sentence passed in the District Court is quashed and, in lieu, the applicant is sentenced to a term of imprisonment comprising a non-parole period of two years and three months, commencing on 15 June 2006 and expiring on 14 September 2008, and a balance of term of one year and nine months, commencing on 15 September 2008 and expiring on 14 June 2010. He will be eligible for release on parole on 14 September 2008.
CATCHWORDS: CRIMINAL LAW: Application for leave to appeal against sentence - dangerous driving occasioning death - applicant driving heavy vehicle - approach to guideline in R v Whyte - whether sentence manifestly excessive
LEGISLATION CITED: Crimes Act 1900 s52A(1)
R v Whyte (2002) 55 NSWLR 252 CASES CITED: R v Jurisic (1998) 45 NSWLR 209 R v Clampitt-Wotton [2002] NSWCCA 383 Musgrove v R (2007) 167 A Crim R 424
PARTIES: Simon Colin Markham (applicant) Regina (respondent)
FILE NUMBER(S): CCA 2007/3264 (formerly 2007/572)
COUNSEL: T A Game SC (applicant) L M B Lamprati SC (Crown)
SOLICITORS: David Phillip Giddy (applicant) Solicitor for Public Prosecutions (respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/21/3071
LOWER COURT JUDICIAL OFFICER: Maguire DCJ
IN THE COURT OF CRIMINAL APPEAL 2007/3264 (formerly 2007/572)
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