Event and Time
Event Description
On 11 July 2022, the appellant, aged 41, entered a guilty plea in the County Court to the charges of reckless conduct endangering serious injury and recklessly causing injury, as well as three summary offences related to failing to render assistance after an accident, using an unregistered motor vehicle, and committing an indictable offence while on bail.
Application and Claims
The judge sentenced the appellant to:
- Two years and four months’ imprisonment for each charge on the indictment (charges 1 and 2).
- Two days’ imprisonment for failing to render assistance.
- Two months’ imprisonment for committing an indictable offence while on bail.
- A fine of $200 for using an unregistered vehicle.
- Total effective sentence: three years and three months’ imprisonment with a non-parole period of two years and three months.
The appellant appealed the sentence on grounds that: 1. The individual sentences for charges 1 and 2 are manifestly excessive. 2. The cumulative orders between charges 1 and 2 are manifestly excessive. 3. The total effective sentence of 39 months is manifestly excessive. 4. The non-parole period of 27 months is manifestly excessive.
Dispute Points and Legal Basis
Dispute Points
Appellant’s Claims:
- Argued that the individual sentences and their cumulation are excessive considering:
- Background and circumstances of the appellant. - Early plea of guilty entering during the pandemic. - The maximum penalties for the charges relative to the imposed sentences.
- Asserted the principle of totality was violated due to the cumulation of very similar conduct constituting charges 1 and 2.
Respondent’s Position:
- The judge held that the appellant's conduct was serious, warranting a stern sentence due to: