Aitken v R [2014] NSWCCA 201

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Aitken v R [2014] NSWCCA 201 Hearing dates: 29 September 2014 Decision date: 29 September 2014 Before: Hoeben CJ at CL at [1]; Adams J at [2]; R A Hulme J at [3] Decision: 1. Leave to appeal against sentence granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW - appeal against sentence - dangerous driving occasioning death - length of journey not improperly calculated - alleged miscalculation had little bearing on sentence - sentence not unreasonable or plainly unjust Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: Makarian v The Queen [2005] HCA 25; 228 CLR 357 R v Musumeci (Court of Criminal Appeal (NSW), 30 October 1997, unrep)) R v Whyte [2002] NSWCCA 343; 55 NSWLR 252 WW v R [2012] NSWCCA 165 Category: Principal judgment Parties: Mathew Wayne Aitken (Applicant) Regina (Respondent) Representation: Counsel: Mr G Newton (Applicant) Ms J Girdham SC (Crown) Solicitors: Legal Aid NSW Solicitor for Public Prosecutions File Number(s): 2012/22186 Decision under appeal Date of Decision: 2013-06-12 00:00:00 Before: Lerve DCJ File Number(s): 2012/22186

Judgment 1HOEBEN CJ at CL: I agree with R A Hulme J. 2ADAMS J: I agree with R A Hulme J. 3R A HULME J: Matthew Wayne Aitken (the applicant) was sentenced by his Honour Judge Lerve in the District Court at Dubbo for an offence of driving under the influence of intoxicating liquor occasioning death to imprisonment for 4 years 1 month with a non-parole period of 2 years 6 months. 4The offence is contrary to s 52A(1)(a) of the Crimes Act 1900 (NSW). The maximum penalty is imprisonment for 10 years.