R v Carruthers [2008] NSWCCA 59

New South Wales Court of Criminal Appeal

CITATION: R v Carruthers [2008] NSWCCA 59

HEARING DATE(S): 29 January 2008

JUDGMENT DATE: 19 March 2008

JUDGMENT OF: McClellan CJ at CL at 1; James J at 35; Simpson J at 36

1. Appeal upheld. DECISION: 2. The sentence imposed in the District Court is quashed. 3. Sentence the respondent to a non-parole period of one year and 8 months commencing on 5 September 2007 with a balance of term of six months. The respondent will be eligible for release on parole on 4 May 2009. 4. The order for disqualification from driving should be affirmed.

CATCHWORDS: CRIMINAL LAW - Crown appeal against sentence - aggravated dangerous driving occasioning grievous bodily harm - prescribed concentration of alcohol significantly above threshold - whether appropriate for sentence to be served by way of periodic detention - whether trial judge erred by failing to fix an appropriate sentence and then considering alternatives to full time custody - steps in sentencing process - need for sentence to reflect general and specific deterrence - whether sentence manifestly inadequate

Criminal Appeal Act 1912 LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

CATEGORY: Principal judgment

Dinsdale v The Queen (2000) 202 CLR 321 Gillett v R [2006] NSWCCA 370 Re Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (NSW) (No 3 of 2002) [2004] NSWCCA 303; 147 A Crim R 546; 61 NSWLR 305 R v Doyle (2006) NSWCCA 118 CASES CITED : R v Hallocoglu (1992) 29 NSWLR 67 R v Jurisic (1998) 45 NSWLR 209 R v McMillan [2005] NSWCCA 28 R v Sutton (2004) 41 MVR 40; [2004] NSWCCA 225 R v Whyte (2002) 55 NSWLR 252 R v Zamagias [2002] NSWCCA 17