NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v RADLEY [2010] NSWCCA 64 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 9 April 2010
JUDGMENT DATE: 15 April 2010
JUDGMENT OF: Beazley JA at 1; Grove J at 2; Hislop J at 23
DECISION: Crown appeal dismissed.
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - Dangerous driving occasioning death - Sentence - Order for service by periodic detention - Collision at dawn by vehicle driven by offender and motorcycle - Vehicle engaged in overtaking manoeuvre - Rural road - No breach of road rule or restrictive signage - Misjudgment the effective cause - Crown assertion that sentence manifestly inadequate not established
LEGISLATION CITED: Criminal Appeal Act 1912
CATEGORY: Principal judgment
R v Hallocoglu (1992) 27 NSWLR 67 CASES CITED : R v Jurisic (1998) 45 NSWLR 209 R v Whyte (2002) 55 NSWLR 252 Thai v R [2009] NSWCCA 314
PARTIES: REGINA - Appellant Laurence Ramon RADLEY - Respondent
FILE NUMBER(S): CCA 2008/19439
COUNSEL: P Leask - Crown/Appellant I McClintock - Respondent
SOLICITORS: S Kavanagh, Solicitor for Public Prosecutions - Crown/Appellant Greg Murray - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/11/1641
LOWER COURT JUDICIAL OFFICER: North DCJ
LOWER COURT DATE OF DECISION: 4 December 2009
IN THE COURT OF CRIMINAL APPEAL CCA 2008/19439
BEAZLEY JA GROVE J HISLOP J
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