Reddy v R [2018] NSWCCA 212

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Reddy v R [2018] NSWCCA 212 Hearing dates: 12 March 2018 Date of orders: 03 October 2018 Decision date: 03 October 2018 Before: Bathurst CJ at [1]; Fullerton J at [2]; Campbell J at [3] Decision: (1) Grant leave to appeal. (2) Appeal allowed. (3) Set aside the sentence passed in the District Court and instead sentence the applicant as follows: (a) A term of imprisonment having a non-parole period of 2 years commencing on 8 November 2016 and expiring on 7 November 2018 with an additional term of 1 year and 5 months commencing on 8 November 2018 and expiring on 7 April 2020. (b) The applicant will first be eligible for parole after the expiration of the non-parole period on 7 November 2018. (c) Under s 205(2)(d)(ii) of the Road Transport Act 2013 (NSW) order that the applicant is disqualified from holding a drivers' licence for a period of 18 months. Catchwords: CRIMINAL LAW – sentence appeal – aggravated dangerous driving occasioning grievous bodily harm – whether the sentencing judge erred in failing to backdate the sentence to allow for a period of quasi-custody – residential rehabilitation program – whether sentence was manifestly excessive – satisfied of quasi-custody Legislation Cited: Crimes Act 1900 (NSW), s 52A Crimes (Sentencing Procedure) Act 1999 (NSW), s 11 Road Transport Act 2013 (NSW), s 205 Cases Cited: Bonett v R [2013] NSWCCA 234 Gardiner v R [2018] NSWCCA 27 Griffiths v The Queen (1977) 137 CLR 293 Hughes v R [2008] NSWCCA 48; (2008) 185 A Crim R 155 Renshaw v R [2012] NSWCCA 91 R v Cartwright (1989) 17 NSWLR 243 R v Douglas (Court of Criminal Appeal (NSW), 4 March 1997, unrep) R v Eastway (Court of Criminal Appeal (NSW), 9 May 1992, unrep) R v Jurisic [1998] NSWSC 597 R v McHugh (1985) 1 NSWLR 588 R v Whyte (2000) 55 NSWLR 252; [2002] NSWCCA 343 Vaiusu v R [2017] NSWCCA 71 Zreika v R [2012] NSWCCA 44; (2012) 223 A Crim R 460 Texts Cited: Judicial Commissioner of New South Wales, Sentencing Bench Book (2016, Judicial Commissioner of New South Wales) Category: Principal judgment Parties: Visheshwarajan Reddy (Applicant) Regina (Crown) Representation: Counsel: A Evers (Applicant) B Hatfield (Crown)