Money v R [2007] NSWCCA 317

New South Wales Court of Criminal Appeal

CITATION: Money v R [2007] NSWCCA 317

HEARING DATE(S): 12 October 2007

JUDGMENT DATE: 19 November 2007

JUDGMENT OF: Giles JA at 1; Hislop J at 2; Price J at 32

DECISION: Leave to appeal granted; appeal dismissed.

LEGISLATION CITED: Crimes Act, 1900

R v Jurisic (1998) 45 NSWLR 209 CASES CITED: R v Whyte (2002) 55 NSWLR 252 Markarian v The Queen (2005) 215 ALR 213

PARTIES: Gregory Samuel Money v Regina

FILE NUMBER(S): CCA 2006/5308

COUNSEL: P. Hamill SC (Applicant) J. Girdham (Respondent)

SOLICITORS: Legal Aid Commission (Applicant) Solicitor for Public Prosecutions (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/51/0064

LOWER COURT JUDICIAL OFFICER: Hulme SC DCJ

LOWER COURT DATE OF DECISION: 14 December 2006

IN THE COURT OF CRIMINAL APPEAL 2006/5308

GILES JA HISLOP J PRICE J

Monday 19 November 2007 Gregory Samuel MONEY v REGINA Judgment 1 GILES JA: I agree with Hislop J. 2 HISLOP J:

Introduction

On 24 July 2006 the applicant pleaded guilty to a charge that on 5 August 2005 at Maclean in the State of New South Wales [he] did drive a motor vehicle in a manner dangerous to another person or persons, whereby the vehicle was involved in an impact as a result of which grievous bodily harm was occasioned to John Ronald King, contrary to the Crimes Act , 1900, s 52A(3). The maximum penalty for such an offence is seven years imprisonment. 3 The plea of guilty was accepted by the Crown in full satisfaction of the indictment, which also contained a charge of occasioning grievous bodily harm to John Ronald King as a result of driving the motor vehicle whilst under the influence of drugs. The applicant had pleaded not guilty to that charge, the maximum penalty for which is also seven years imprisonment. 4 On 14 December 2006 the applicant was sentenced in the District Court to a non parole period of two years nine months imprisonment commencing on 6 December 2006 and expiring on 5 September 2009 with a balance of term of one year six months. 5 The applicant has sought leave to appeal against the sentence on the ground "the sentence is manifestly excessive and a different, less severe, sentence is warranted and ought to have been imposed".