NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Reubin Gary YOUNG v R [2009] NSWCCA 298
HEARING DATE(S): 2 July 2009
JUDGMENT DATE: 18 December 2009
JUDGMENT OF: McClellan CJatCL at 1; Hidden J at 2; McCallum J at 32
DECISION: Leave to appeal granted, appeal dismissed.
CATCHWORDS: CRIMINAL LAW - application for leave to appeal against sentence - manslaughter (motor vehicle) - plea of guilty - vehicle deliberately driven towards deceased to scare him - discount for plea of guilty - assessment of objective gravity of offence - whether sentence manifestly excessive
LEGISLATION CITED: Crimes Act 1900
CATEGORY: Principal judgment
R v Borkowski [2009] NSWCCA 102 R v Thompson & Houlton [2000] NSWCCA 309, 49 NSWLR 383 R v Whyte [2002] NSWCCA 343, 55 NSWLR 252 CASES CITED : R v Cameron [2005] NSWCCA 359, 157 A Crim R 70 R v Do [2000] NSWCCA 459 R v Falzon [2000] NSWCCA 530 R v Lavender [2004] NSWCCA 120 Lawler v R [2007] NSWCCA 85, 169 A Crim R 415
PARTIES: Reubin Gary YOUNG (Applicant) REGINA (Respondent)
FILE NUMBER(S): CCA 2007/1253
COUNSEL: M Thangaraj & Kenneth Averre (Applicant) L Babb SC & M Rabsch (Respondent)
SOLICITORS: (pro bono through Bar Association) (Applicant) S Kavanagh (Solicitor for Public Prosecutions)
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 2007/193
LOWER COURT JUDICIAL OFFICER: Matthews AJ
LOWER COURT DATE OF DECISION: 27/07/2007
IN THE COURT OF CRIMINAL APPEAL 2007/1253
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