Taylor v WA

[2009] WASCA 226

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Dangerous driving causing death
4. › Manifestly excessive sentence
5. › Relevance of youth, good character, absence of alcohol, and brief duration of dangerous driving
6. › Whether 26 months' imprisonment manifestly excessive
1. Criminal Law
2. › Sentencing
3. › Dangerous driving causing death
4. › Classification of driving conduct for sentencing purposes
5. › Whether two-category classification in [name withheld] adequate
6. › Risk of error from rigid categorisation
1. Criminal Law
2. › Sentencing
3. › Parity
4. › Co-offenders sentenced by different judges at different times
5. › Relevance of differences in plea, age, and injuries sustained

Quick Take

The two-category classification of dangerous driving cases from [name withheld] (momentary inattention versus selfish disregard) should not be treated as exhaustive, and reliance on that rigid dichotomy may lead to sentencing error. A deliberate but brief decision to engage in a drag race by a young, sober, otherwise law-abiding driver does not necessarily place the offending at the higher end of culpability for dangerous driving causing death. Serious injuries sustained by a co-offender constitute extra-curial punishment that may properly be taken into account in sentencing.