Mansweto v R [2018] NSWCCA 232

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Mansweto v R [2018] NSWCCA 232 Hearing dates: 10 August 2018 Date of orders: 17 October 2018 Decision date: 17 October 2018 Before: Meagher JA; Hoeben CJ at CL; Fagan J Decision: (1) Leave to appeal granted. (2) The appeal is upheld. (3) The aggregate sentence imposed in the District Court on 20 June 2017 for counts 1 and 2 is quashed. (4) In lieu thereof the applicant is sentenced to an aggregate term of imprisonment comprising a non-parole period of 1 year and 4 months commencing on 20 June 2017 and expiring on 19 October 2018 and a balance of term of 1 year commencing 20 October 2018 and expiring on 19 October 2019. Catchwords: CRIMINAL LAW – appeal against sentence – two counts of dangerous driving occasioning grievous bodily harm contrary to Crimes Act 1900 (NSW), s 52A(3)(c) – victims injured when car crashed into home after brakes failed and steering wheel detached from column – two further offences taken into account on Form 1, namely causing bodily harm by misconduct in charge of motor vehicle contrary to Crimes Act, s 53 – further offences of failure to register and failure to insure dealt with on certificate under Crimes (Sentencing Procedure) Act 1999 (NSW), s 166 – aggregate sentence of imprisonment for 4 years 6 months with non-parole period of 2 years 9 months at first instance – where sentencing judge criticised failure of defence to serve evidence relevant to expert opinions – where sentencing judge referred to criticism of a defence expert by Court of Criminal Appeal in a previous case – whether apprehended bias – whether error in assessment of moral culpability – whether sentence manifestly excessive – sentence found manifestly excessive and appellant resentenced Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Procedure Act 1986 (NSW) Motor Accidents Compensation Act 1999 (NSW) Road Transport Act 2013 (NSW) Cases Cited: Australian Securities and Investments Commission v Southcorp Ltd (2003) 46 ACSR 438 Ebner v The Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 House v The King (1936) 55 CLR 499 Hughes v R [2018] NSWCCA 2 Isbester v Knox City Council [2015] HCA 20 Johnson v Johnson (2000) 201 CLR 488; [2000] HCA 48 New Cap Reinsurance Corporation Ltd (In Liq) v Renaissance Reinsurance Ltd [2007] NSWSC 258 R v AB [2011] NSWCCA 229 R v AB (No 2) [2011] NSWCCA 256 R v Price [2004] NSWCCA 186 R v Whyte (2002) 55 NSWLR 252; [2005] NSWCCA 343 Tarrant v R [2018] NSWCCA 21 Vakauta v Kelly (1989) 167 CLR 568; [1989] HCA 44 Webb v The Queen (1994) 181 CLR 41; [1994] HCA 30 Wood v R [2012] NSWCCA 21 Category: Principal judgment Parties: Jason Mansweto (Appellant) Regina (Crown) Representation: Counsel: Mr A Bellanto QC with Mr T Bicanic (Appellant) Mr F Veltro (Crown)