NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Thai v R [2009] NSWCCA 314 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 16 December 2009
JUDGMENT DATE: 22 December 2009
JUDGMENT OF: McClellan CJatCL at 1; Simpson J at 8; Hidden J at 66
(i) Leave to appeal granted; DECISION: (ii) Appeal allowed; (iii) In lieu of the sentence imposed in the District Court, the applicant be sentenced to a fixed term of imprisonment for 15 months commencing on 18 April 2009 and expiring on 17 July 2010, to be served by way of periodic detention.
CATCHWORDS: CRIMINAL LAW - application for leave to appeal against sentence - dangerous driving causing death - momentary inattention - term of periodic detention - whether manifestly excessive
Crimes Act 1900 LEGISLATION CITED: Criminal Appeal Act 1912 Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
Douar v R [2005] NSWCCA 455; (2005) 159 A Crim R 154 R v Hallocoglu (1992) 29 NSWLR 67; (1992) 63 A Crim R 287 R v Jurisic (1998) 45 NSWLR 209 R v Overall (1993) 71 A Crim R 170 R v Pangallo (1991) 56 A Crim R 441 CASES CITED : R v Roberts, Lewis and McVean (1994) 73 A Crim R 306 R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 R v Wegener [1999] NSWCCA 405 R v Whyte [2002] NSWCCA 343; 55 NSWLR 252 R v Zamagias [2002] NSWCCA 17 Reed v R [2007] NSWCCA 4
PARTIES: Thanh Vinh Thai (Applicant) The Crown
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