Barnett v R [2014] NSWCCA 296

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Barnett v R [2014] NSWCCA 296 Hearing dates: 15/10/2014 Decision date: 11 December 2014 Before: Macfarlan JA at [1]; Fullerton J at [2]; Bellew J at [59] Decision: 1. Leave to appeal granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW - appeal against sentence - dangerous driving occasioning death - whether sentencing judge erred in finding that the applicant's conduct was not a case of momentary inattention Legislation Cited: Crimes Act 1900 (NSW), s 52A(1)(c) Cases Cited: House v The King [1936] HCA 40; 55 CLR 499 R v Isaacs (1997) 41 NSWLR 374 Category: Principal judgment Parties: Kaine Daniel Barnett (Applicant) The Crown Representation: Counsel: S Odgers SC (Applicant) J Pickering SC (Crown) Solicitors: Bahlmann Burke Lawyers (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2012/79741 Decision under appeal Jurisdiction: 9101 Date of Decision: 2014-04-24 00:00:00 Before: Handley DCJ File Number(s): 2012/79741

Judgment 1MACFARLAN JA: I agree with Fullerton J. 2FULLERTON J: On 3 March 2014, a jury found the applicant guilty of two counts of dangerous driving occasioning death contrary to s 52A(1)(c) of the Crimes Act 1900 (NSW). That offence carries a maximum penalty of 10 years imprisonment. 3On 24 April 2014, the applicant was sentenced to an aggregate sentence of 3 years imprisonment commencing on 24 April 2014 to expire on 23 April 2017 with a non-parole period of 18 months to expire on 23 October 2015. Sentences of 2 years imprisonment with a non-parole period of 1 year were indicated for each offence. The applicant was also disqualified from holding a motor driver's licence for three years from 15 February 2012. 4The applicant seeks leave to appeal against the aggregate sentences imposed. There is no appeal against conviction. 5The sole ground of appeal is that the sentencing judge erred in finding that the applicant's conduct was not a case of momentary inattention.