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Sentenced to 3y imprisonment with 9m NPP for dangerous driving causing GBH whilst intoxicated and 1m imprisonment for mid-range drink driving; offender drove 2.1km at excessive speed on public road while voluntarily intoxicated, causing collision which caused passenger lower-level GBH; 24yo offender, early pleas, prior conviction of drink driving, steps taken toward rehabilitation, psychologist’s report diagnosed offender with various mental health conditions (Cash QC DCJ).
Appeal Determined (QCA)
[2022] QCA 41 (2022) 10 QR 343; (2022) 297 A Crim R 156; (2022) 99 MVR 211
01 Apr 2022
Leave to appeal sentence refused; as to offender’s mental health, sentencing judge did not err in failing to consider reduction in moral culpability, in circumstances where psychologist’s report did not establish that mental health was reason for voluntary intoxication or otherwise caused offending, or in failing to consider moderation or elimination of general and specific deterrence; sentence not manifestly excessive: Kelly J (with whom Sofronoff P and Mullins JA agreed).
Appeal Status
Appeal Determined (QCA)
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