R v Wright

Judgment 1MACFARLAN JA: I agree with Price J. 2PRICE J: The applicant, Grant David Wright, seeks leave to appeal against the sentence imposed upon him by Robison DCJ in the District Court at Grafton on 24 May 2012. He had pleaded guilty to one count of aggravated dangerous driving causing the death of CAM contrary to s 52A(2) Crimes Act 1900 (count one) and one count of aggravated dangerous driving occasioning grievous bodily harm to MBJ contrary to s 52A(4) Crimes Act (count two). 3The matters of aggravation averred to in each charge were driving the vehicle by more than 45 kph over the speed limit and driving the vehicle under the influence of intoxicating liquor, having in his blood a prescribed concentration of alcohol of not less than 0.157 grams of alcohol per 100 millilitres of blood. 4An offence contrary to s 52A(2) Crimes Act is punishable by a maximum penalty of 14 years imprisonment, whereas the maximum penalty for an offence contrary to s 52A(4) is 11 years imprisonment. 5The applicant was sentenced to a fixed term of 3 years imprisonment commencing on 24 May 2012 and expiring on 23 May 2015 for count two. A sentence of 9 years imprisonment with a non-parole period of 5 years 3 months commencing on 24 November 2012 and expiring on 23 February 2018 and a balance of term of 3 years 9 months expiring on 23 November 2021 was imposed for count one. 6The overall sentence, then was imprisonment for 9 years 6 months with a non-parole period of 5 years 9 months. 7The earliest date that the applicant is eligible to be released to parole is 23 February 2018. The applicant was disqualified from driving for five years. 8The judge had reduced the sentence by 25 per cent for the utilitarian value of the pleas of guilty. 9The Notice of Appeal identifies two grounds, namely: