Sep 18, 2026

9 min

Cripps v R (s 52A guideline judgment) [2026] NSWCCA 144

Cripps v R (s 52A guideline judgment) [2026] NSWCCA 144 reconsidered sentencing for dangerous driving offences after Timothy Cripps received four years’ imprisonment for two counts of dangerous driving occasioning grievous bodily harm following an impaired, high-speed collision. The Court revoked the numerical guideline in R v Whyte and replaced it with a non-numerical guideline, clarifying that objective seriousness and moral culpability are distinct and that imprisonment is required in all but very rare s 52A cases. Although Cripps established doubt that subjective matters had been included in assessing objective seriousness, resentencing would have produced a slightly higher sentence. Leave to appeal was granted, but the appeal was dismissed.

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