Costello v R [2017] NSWCCA 32

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Costello v R [2017] NSWCCA 32 Hearing dates: 7 March 2017 Date of orders: 07 March 2017 Decision date: 07 March 2017 Before: Macfarlan JA at [1] Harrison J at [2] Schmidt J at [3] Decision: (1) Mr Costello be granted leave to lead fresh evidence. (2) Leave to appeal should be granted. (3) The appeal be upheld. (4) The sentence be quashed. (5) Mr Costello be sentenced to a term of imprisonment of 3 years commencing on 21 February 2016, with a non-parole period of 1 year and 14 days. (6) Mr Costello be released on parole today. Catchwords: CRIMINAL LAW – appeal – appeal against sentence – dangerous driving occasioning death – leave to lead fresh evidence granted – medical evidence relating to health of family member – exceptional circumstances established – whether lesser sentence should be imposed as a matter of mercy – leave to appeal granted – appeal upheld – sentenced quashed – new sentence imposed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW Cases Cited: Betts v The Queen (2016) 90 ALJR 758; [2016] HCA 25 Mokhaiver v R [2011] NSWCCA 10 R v Edwards (1996) 90 A Crim R 510 Stumbles v R [2006] NSWCCA 418 Category: Principal judgment Parties: Joel Anthony Costello (Applicant) Regina (Respondent) Representation: Counsel: Ms G E Lewer (Applicant) Mr N Adams (Crown)