R v Price [2016] NSWCCA 50

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Price [2016] NSWCCA 50 Hearing dates: 26 October 2015 Decision date: 08 April 2016 Before: Gleeson JA at [1] Button J at [2] Fagan J at [144] Decision: (1) The Crown appeal is allowed. (2) The aggregate sentence imposed on 5 June 2015 is quashed. (3) The respondent, Jeremy Paul Price, is sentenced to an aggregate head sentence of imprisonment of 8 years and 6 months to date from 15 November 2014 and expire on 14 May 2023, with a non-parole period of 5 years and 8 months to expire on 14 July 2020. (4) The period of disqualification imposed on 5 June 2015 is quashed. (5) The respondent is subject to a period of disqualification from driving of five years. Pursuant to s 206A of the Road Transport Act 2013 (NSW), that period of disqualification commences upon the first date upon which the respondent is released from custody. (6) The earliest possible date upon which the respondent may be released to parole is 14 July 2020. Catchwords: CRIMINAL LAW – appeal against sentence – two counts of dangerous driving occasioning death – one count of dangerous driving occasioning grievous bodily harm – three further offences placed before the sentencing judge pursuant to a s 166 certificate – whether the aggregate sentence imposed is manifestly inadequate – whether offences that are placed before the District Court or the Supreme Court by way of a s 166 certificate can be incorporated in an aggregate sentence Legislation Cited: Crimes Act 1900 (NSW), ss 52A(1)(c), 52A(2), 52A(3)(c), 52A(4), 154A(1)(a), 527C(1)(a) Criminal Appeal Act 1912 (NSW), s 5D Criminal Procedure Act 1986 (NSW), Div 7, ss 166, 168(3), 168(4), 267(2), Sch 1 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 49, 53A Drug Misuse and Trafficking Act 1985 (NSW), ss 10(1), 12(1), 25(1) Road Transport Act 2013 (NSW), s 206A Cases Cited: JM v R [2014] NSWCCA 297 King v R [2015] NSWCCA 99 R v Harris [2015] NSWCCA 81 R v JW [2010] NSWCCA 49; (2010) 77 NSWLR 7 R v Pham [2015] HCA 39; (2015) 90 ALJR 13 R v Sward [2014] NSWCCA 259 R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 R v Whyte [2002] NSWCCA 343; (2002) 55 NSWLR 252 Category: Principal judgment Parties: Regina (Applicant) Jeremy Paul Price (Respondent) Representation: Counsel: N Noman SC (Applicant) T Gartlemann (Respondent)