SBF v R [2009] NSWCCA 231

Reported Decision: 198 A Crim R 219[2010] ALMD 122[2010] ALMD 123[2010] ALMD 12153 MVR 438

New South Wales Court of Criminal Appeal

CITATION: SBF v R [2009] NSWCCA 231

HEARING DATE(S): 22 June 2009

JUDGMENT DATE: 10 September 2009

JUDGMENT OF: Spigelman CJ at 1; McClellan CJatCL at 2; Johnson J at 7

1. Time extended for the Applicant to seek leave to appeal against sentences imposed at the Newcastle District Court on 22 August 2008. DECISION: 2. Leave granted to appeal with respect to sentence. 3. Appeal against sentence dismissed.

CATCHWORDS: CRIMINAL LAW - sentence - aggravated dangerous driving causing death (two counts) - Form 1 offence of aggravated dangerous driving causing grievous bodily harm - 17-year old driver on learner's permit - grossly excessive speed in residential area - some impairment by alcohol - collision with power pole - 16 and 17-year old passengers killed - 17-year old passenger seriously injured - late pleas of guilty - offender denies being driver until shortly before trial date - sentences of imprisonment imposed - whether error in assessment of aggravating features of offences - whether error in use of victim impact statements of families of deceased victims - whether breach of De Simoni principle in findings of fact - claim that findings amounted to findings of manslaughter - whether sentences manifestly excessive - relevance of offender's youth, inexperience and immaturity - importance of general deterrence - no error established - sentences not manifestly excessive

Crimes Act 1900 Children (Criminal Proceedings) Act 1987 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Crimes and Other Acts (Amendment) Act 1974 Crimes (Life Sentences) Amendment Act 1989