Event and Time
Event Description
- On 13 October 2019, the applicant was involved in a dangerous driving incident that resulted in a death.
- The applicant pleaded guilty to a charge of dangerous driving causing death under section 319(1) of the Crimes Act 1958 in the County Court at Melbourne.
- He was sentenced to five years’ imprisonment with a non-parole period of two years and six months on 1 April 2021.
- Post-sentencing, it was revealed that the applicant was a non-citizen and faced deportation, a detail not considered during the original sentencing.
Application and Claims
- The applicant sought an extension of time to file for leave to appeal the sentence based on three proposed grounds:
1. New evidence indicated he was a non-citizen liable to deportation, which the sentencing court had not considered. 2. The sentencing judge mishandled the events leading to the collision and the applicant's medical condition.
Judicial Decisions
- The court accepted the extension of time for the applicant to appeal.
- It was concluded that the new evidence regarding the applicant's immigration status was substantial enough to warrant a reconsideration of the sentence.
Dispute Points and Legal Basis
Dispute Points
Applicant's Claims
- Non-Citizen Status: The applicant argued that his status as a non-citizen and the likelihood of deportation were significant mitigating factors that were overlooked, potentially leading to an excessive sentence.
- Medical Condition: He contended that his medical history and condition were not adequately addressed in the original sentencing.
Respondent's Arguments
- The respondent did not dispute the significant points raised by the applicant regarding his immigration status and the implications for sentencing.