Stanyard v R [2013] NSWCCA 134

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Stanyard v R [2013] NSWCCA 134 Hearing dates: 06/05/2013 Decision date: 05 June 2013 Before: Bathurst CJ at [1] Fullerton J at [2] Campbell J at [45] Decision: 1. Leave to appeal granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW - sentence appeal - two counts of driving in a manner dangerous occasioning grievous bodily harm - moral culpability - principle of totality - whether individual sentences and overall sentence were manifestly excessive Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Cases Cited: R v Jurisic (1998) 45 NSWLR 209; 101 A Crim R 259 R v Read [2010] NSWCCA 78 R v Stanyard [2012] NSWDC 78 R v Whyte [2002] NSWCCA 343; 55 NSWLR 252; 134 A Crim R 53 R v Wilson [2005] NSWCCA 219 Category: Principal judgment Parties: Christopher James Stanyard (Applicant) The Crown (Respondent) Representation: Counsel: D O'Neil (Applicant) R Herps (Crown) Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2009/62492 Decision under appeal Date of Decision: 2012-05-31 00:00:00 Before: Berman DCJ File Number(s): 2009/62492