Supreme Court of New Jersey

State of New Jersey, Plaintiff-Appellant v. Joseph M. Carey, Defendant-Respondent

July 9, 2001168 N.J. 413

Summary

The Supreme Court of New Jersey reversed the Appellate Division and reinstated the trial court’s consecutive seven‑year sentences for each count of vehicular homicide, holding that the multiple‑victims factor justifies consecutive terms and that the trial court’s aggravating factors were supported by the record. The Court affirmed that death cannot be double‑counted as an aggravating factor but upheld the gravity‑of‑harm factor based on serious injuries. Justice LONG dissented, arguing that the majority improperly gave the multiple‑victims factor pre‑eminence over other Yarbough factors. The decision clarifies sentencing discretion in multi‑victim drunk‑driving cases.