Hughes v Regina [2008] NSWCCA 48

Reported Decision: 185 A Crim R 155

New South Wales Court of Criminal Appeal

CITATION: Hughes v Regina [2008] NSWCCA 48

HEARING DATE(S): 15 February 2008

JUDGMENT DATE: 10 March 2008

JUDGMENT OF: McClellan CJ at CL at 1; Grove J at 2; Simpson J at 44

Appeal allowed. DECISION: Sentenced imposed in District Court quashed. Resentenced.

CATCHWORDS: CRIMINAL LAW AND PROCEDURE - Sentence - Dangerous driving causing death - Victim a passenger in heavy vehicle driven by appellant - Finding of genuine remorse at loss of partner - Relevance of fact that victim not a stranger - Victim pregnant but no evidence that appellant aware of this - Death of foetus and relevance to fatal injury to mother carrying unborn child where causing that injury is element of offence - Whether assessment excessive - Allowance for pre-sentence quasi custody in residential rehabilitation

LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

CATEGORY: Principal judgment

Daniels v R [2007] NSWCCA 372 Harrild v Director of Public Prosecutions [2003] 3 NZLR 289 R v Boswell and Other Appeals (1984) 3 All ER 353 R v Douglas (unreported NSWCCA 4 March 1997) R v Eastaway (unreported NSWCCA 19 May 1992) R v F (1996) 40 NSWLR 245 R v Howcher [2004] 146 A Crim R 371 CASES CITED : R v Iby (2005) 63 NSWLR 278 R v Jurisic (1998) 45 NSWLR 209 R v King [2003] NSWCCA 399 R v McHugh (1985) 1 NSWLR 588 R v Pham [2005] NSWCCA 94 R v Sullivan and Lemay [1991] 1 SCR 489 R v Tzanis [2005] NSWCCA 274 R v Whyte (2002) 55 NSWLR 252