Stephen George Russell resentenced for overloaded caravan crash which killed two on Oxley Highway near Walcha in 2019

The Crown successfully took the case to the NSW Court of Criminal Appeal which this week found Stephen George Russell's sentence was "manifestly inadequate", upping it to six-years-and-six-months with four years non-parole.

That's double the non-parole period of two years he was handed in Tamworth District Court in May, with his total sentence set to expire after four years.

A jury earlier this year found the 61-year-old truck driver guilty of two counts of dangerous driving causing death and one causing grievous bodily harm after the crash almost four years ago.

The charges stemmed from a tragic crash on the Oxley Highway near Yarrowitch, about 40km past Walcha, on the afternoon of January 3, 2019.

When Russell tried to slow his four-wheel-drive down as he came over a rise, the packed caravan he was using as a removalist trailer swayed uncontrollably, jack-knifed and the Toyota Prado slammed into a tree.

Justice Sarah McNaughton said in her judgment it was clear the caravan was "grossly overloaded" by more than 800kg from the start of the journey, when Russell and his three passengers left Tamworth for Wauchope.

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"The dangerousness did not arise from the driving skill, or lack thereof, of the respondent," she said.

"Nor was it a result of any inattention around the time immediately leading up to the collision."

She found it was not open for the sentencing judge to find that the dangerousness only started when the caravan began to sway.

"The dangerousness arose from the respondent's deliberate decision to set off on a journey towing a grossly overloaded caravan," she said.

"The respondent's skill, experience, attention, and his sobriety were no match for the risk posed by his deliberate decision to drive a grossly overloaded caravan - which once it started swaying - was uncontrollable."

The three passengers and all other travellers were exposed to risk for the entire length of the trip, she said.

"I find that the length of the journey over which the public was exposed to risk was 130km, and that it is relevant to the assessment of the respondent's culpability that the intended journey was 250km," Justice McNaughton said.

Russell's 72-year-old wife of more than three decades, Lynette, and his stepson Stephen, who was just a year shy of his 40th birthday, were killed. A third woman suffered serious injuries.

The NSW Court of Appeal found the original sentence in Tamworth failed to recognise the loss of two lives and the grievous bodily harm to the third.

"Causing the unexpected death of a fellow human being by dangerous driving is devastating in all circumstances," Justice McNaughton said.

Russell had been a truck driver for more than 42 years and was well aware of the importance of weight limits and how exceeding them could affect the handling of a vehicle.

He directed and supervised the loading of the caravan with possessions like a freezer, barbecue, photo albums, linen and a generator when he and his three family members left Tamworth to relocate to the coast.

The Crown case was that he had used it as a moving trailer, even stuffing items into the shower cubicle and tying a boat down on the roof of his vehicle.

The Toyota Prado was so sluggish going up hills it had to be put into first gear, the trial had been told.

The court also found the non-parole period of two years when the total sentence was four years made it "manifestly inadequate".

It failed to reflect the criminality involved in the serious offending, Justice McNaughton said.

She agreed with the finding of special circumstances given Russell's age, medical conditions and the COVID-19 pandemic making custody more onerous.

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