NSW Caselaw
Reported Decision: 191 A Crim R 513
New South Wales Court of Criminal Appeal
CITATION: Shumack v R [2008] NSWCCA 311
HEARING DATE(S): 2nd December 2008
JUDGMENT DATE: 16 December 2008
JUDGMENT OF: Hodgson JA at 1; James J at 6; Price J at 7
DECISION: Leave to appeal granted. Appeal dismissed.
CATCHWORDS: Criminal law - sentencing - offences of dangerous driving causing death and failing to stop and assist - Whyte guideline - whether double punishment - whether sentences were manifestly excessive.
Correctional Centres Act 1952 s 32 Crimes Act 1900 s 52A(1)(c), 52AB(1), s 206(a) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 21A s 21A(3) Crimes Amendment (Road Accidents) (Brendan's Law) Act 2005
CATEGORY: Principal judgment
Ahmad v Regina [2006] NSWCCA 177 Dudko (2002) 132 A Crim R 371 R v Allpass (1993) 72 A Crim R 561 CASES CITED : R v Errington 157 A Crim R 553 R v Hallacoglu (1992) 29 NSWLR 67; 63 A Crim R 287 R v Jurisic (1998) 45 NSWLR 209, 101 A Crim R 259 R v Whyte (2002) 55 NSWLR 252; 134 A Crim R 53 Pearce v The Queen (1998) 194 CLR 610
PARTIES: Michael John Shumack Regina
FILE NUMBER(S): CCA 2007/9994
COUNSEL: H Cox (Applicant) J Girdham (Respondent)
SOLICITORS: Hansons Lawyers (Applicant) S. Kavanagh Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/41/0045
LOWER COURT JUDICIAL OFFICER: Conlon DCJ
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