Hedges v Regina [2011] NSWCCA 263

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hedges v Regina [2011] NSWCCA 263 Hearing dates: 26 October 2011 Decision date: 09 December 2011 Before: Beazley JA at [1]; James J at [77]; Fullerton J at [78] Decision: 1. Appeal against conviction dismissed; 2. Grant leave to appeal against sentence; 3. Appeal against sentence allowed; 4. Quash the sentence imposed by the sentencing judge; 5. Order that the appellant be sentenced to a term of imprisonment comprising a non-parole period of 15 months commencing on 4 November 2010 and ending on 3 February 2012, on which date the appellant must be released on parole, with an additional term of 15 months ending on 3 May 2013. Catchwords: CRIMINAL LAW - appeal against conviction - dangerous driving occasioning death - whether verdict was unreasonable or could not be supported having regard to the evidence - Criminal Appeal Act 1912, s 6(1) - only inference available from the evidence was that the appellant's actions to overtake vehicle involved a conscious and deliberate decision - no inference consistent with innocence reasonably open on the evidence - appeal against conviction dismissed

CRIMINAL LAW - leave to appeal against sentence - sentencing judge erred in misapplication of guideline judgment in R v Whyte [2002] NSWCCA 343 - no aggravating features for consideration upon sentencing - judge's sentencing discretion not foreclosed by guideline judgment - sentence quashed and new sentence imposed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Appeal Act, 1912 Criminal Procedure Act 1986 Cases Cited: Arun v Regina [2010] NSWCCA 214 Burrell v R [2009] NSWCCA 193 Fleming v R [1998] HCA 68; 197 CLR 250 Jiminez v R [1992] HCA 14; 173 CLR 572 Keir v R [2007] NSWCCA 149 M v R [1994] HCA 63; 181 CLR 487 MFA v The Queen [2002] HCA 53; 213 CLR 606 R v Hillier [2007] HCA 13; 228 CLR 618 R v Jurisic (1998) 45 NSWLR 209 R v Moffatt [2000] NSWCCA 174; 112 A Crim R 201 R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 Regina v Tadman [2001] NSWCCA 225 Regina v Whyte [2002] NSWCCA 343; 55 NSWLR 252 The Queen v Keenan [2009] HCA 1; (2009) 83 ALJR 243 Category: Principal judgment Parties: Dylan Joseph Hedges (Appellant) Regina (Respondent) Representation: T Gartelmann (Appellant) J Pickering (Respondent) Ian Byrne Solicitors (Appellant) Solicitor for Public Prosecutions (Respondent) File Number(s): CCA 2009/58392 Decision under appeal Citation: R v Dylan Joseph Hedges Date of Decision: 2010-12-15 00:00:00 Before: Garling DCJ File Number(s): 2009/58392