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This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

Manslaughter - Motor Vehicle  

Case
(age if known)

TypePleaRecordSentenceAppealFacts

Elliott

(28)

NSWCCA

14.2.1991

Negligence

Motor vehicle

VGnil relevant

MT 4y

AT 1y 4m

AA

FT 10m 25d

backdated - immediate release

Truck driver collided with passenger coach – raining - before commencing journey aware of major fault in braking system which caused accident - criminality at lower end of scale.

Remorse.

Farrar

NSWCCA

6.5.1991

Unlawful & dangerous

Motor vehicle

 appalling driving record including culpable driving causing death

MT 13y 8m

AT 4y 5m

AA

MT 10y 8m

AT 3y 8m

Drove car into side of tree killing police officer holding on to the side

Alcohol involved.

Jenkins

NSWCCA

14.7.1993

Provocation

Motor vehicle

VGnil

MT 2y 6m

AT 3y 6m

AA

MT 1y 6m

AT 2y 6m

Chinese woman met V with intention of plutonic relationship - V attempted to force intercourse and offender took car with intention of escape - V stood in front of car and was run over three times

On appeal - SJ had not expected offender would serve sentence at gaol overlooking car park where offence took place.

Stevens

(18)

NSWCCA

15.8.1993

Unlawful & dangerous

Negligence

Motor vehicle

PG 

MT 7y

AT 2y 4m

AA

MT 5y 6m

AT 2y 6m

After drinking spree decided to steal car - killed owner who was seeking to prevent car being stolen.

Cramp

(55)

(1999) 110 A Crim R 198

NSWCCA

Negligence

Unlawful & dangerous

Motor vehicle

VG2 x PCA

MT 7y

AT 2y 4m

AD"Worst case category" - allowed 16y intoxicated female to drive vehicle at high speed - ran into telegraph pole killing driver - 3 young children in car - looking after V and children who were neighbours.

Ryan

(27)

[2000] NSWSC 724

Adams J

Unlawful and dangerous

Motor vehicle

PG

2 x mansl

minor traffic infringements

7y 10m

NPP 5y 10m

(2m PSC)

 Driver of semi trailer struck two cars driving in oncoming lane of six lane highway divided by median strip - intentionally drove across median strip - affected by methamphetamines and tiredness - failed to comply with driving restriction and falsified logbook - took drug to keep alert and enhance driving, not intending to be intoxicated.

Do

[2000] NSWCCA 459

Negligence

Motor vehicle

VGnil

MT 3y

AT 1y

Crown ADDriver of heavily laden truck lost control on downward incline of major road colliding with car and crashing into residential property - killed driver of car and occupant of house - failure to observe warning signal and initial abandonment of responsibility although facts did not establish deliberate acceleration.

Falzon

(24)

[2000] NSWCCA 530

Motor vehicle

VG

Manslaughter

 

 

PG

Dangerous driving causing GBH

Long

MT 9y

AT 3y

 

 

FT 4y

AA

10y

NPP 7y 6m

 

FT 4y

Stole car and became involved in high speed police chase - collided with car at intersection killing one and injuring another - travelled at high speed and disregarded road signs - under influence of heroin.

On appeal found barrister negligent in advising appellant not to plead guilty – offender resentenced on basis of intention to plead guilty

Clarke

[2001] NSWSC 703

McClellan J

 

 

 

 

Marsh

[2001] NSWSC 1109

McClellan J

 

[2002] NSWCCA 151

Unlawful and dangerous

Assault – general

Motor vehicle

PG

(25%)

Mansl

 

Carried in conveyance

 

PG

(20%)

Mansl

 

Rob in Co

 

Take & Drive

Lengthy

 

 

 

 

 

 

Lengthy

5y

NPP 3y 6m

 

 

FT 6m

(concurrent)

 

10y 4m

NPP 7y 9m

 

 

FT 6y

 

FT 14m

(both concurrent)

 

 

 

 

 

 

 

Crown AD

AD

Offenders stole car, grabbed V's handbag and drove off - V tried to get handbag back grabbing onto offender - M punched V who fell and hit head on rear tyre - died of head injuries.

C - surrendered to police - considerable remorse - high level of assistance to police - protective custody.

M - denied involvement - plea out of acknowledgment of evidence of co-offender - higher culpability than co-offender

Hogan

[2004] NSWSC 959

Barr J

Unlawful and dangerous

Motor vehicle

PGSome priors related to turbulent relationship

4y

NPP 2y 3m

 

Wife had history of depression with violent and attention seeking behaviour – driving her to hospital when V attempted to leave car at traffic lights – began to accelerate to shut car door – V fell out and suffered fatal injury

Criminality very low – remorse

Cameron

(20)

(2005) 157 A Crim R 70

NSWCCA

Motor vehicle

PG

(22% on appeal)

3 x Mansl

 

s.52A(4)

Priors – breached bond

Subsequent offence of drive intoxicated

6y

NPP 2y

(each offence)

 

 

FT 3y

 

Total:

8y

NPP 4y

Crown AA

9y

NPP 6y

Permitted by owner to drive powerful car as birthday present – unlicenced, speeding and intoxicated – ignored warnings to slow down – collided with pole killing three passengers and injuring one passenger

Protective custody

Lawler

(45)

(2007) 169 A Crim R 415

NSWCCA

Motor vehicle

PG

Manslaughter

 

Dang driving causing GBH

 

Dang driving causing GBH

Traffic offences

10y 8m

NPP 8y

 

FT 2y

 

 

FT 18m

(concurrent)

AD

Driver of prime mover approached traffic moving very slowly due to accident – unable to slow vehicle due to defective brakes – collided with 35 cars – one car incinerated killing driver – two drivers seriously injured – aware of braking problems – truck generally in poor condition, uninsured and unregistered due to financial difficulties

Remorse

Borkowski

(37)

(2009) 195 A Crim R 1

NSWCCA

Motor vehicle

PG

(25%)

Manslaughter

 

Manslaughter

Record

FT 4y

 

 

 

7y

NPP 4y

 

Total

9y

NPP 6y

Crown AD

Street racing with two other cars along highway – collided with vehicle turning right killing occupants – speeding and under influence of alcohol and drugs

Sentence manifestly inadequate but no intervention because of parity to co-offender

Young

(22)

[2009] NSWCCA 298

Unlawful and dangerous

Fight

Motor vehicle

PG

(12.5%)

Minor traffic matter

8y

NPP 5y

AD

Heavily intoxicated after drinking at hotel – verbal and minor physical altercation between offenders' group and V's group – drove car towards V's group, mounted footpath and struck V – intent to frighten – spontaneous offence – left scene of accident

Remorse – good prospects of rehabilitation

Reynolds

(33)

[2010] NSWSC 691

Grove J

 

 

[2015] NSWCCA 29

Negligence

Motor vehicle (boat)

VG

Mansl

 

5 x Mansl

Nil

6y 6m

NPP 4y

 

FT 4y

 

Total:

7y 6m

NPP 5y

Conviction AD

6 victims – boat collision – offender asked by friends to drop off keys to boat after work function – took workboat which he used in his employment – took large number of persons on boat – allowed PS to drive boat for short while – PS under influence of drugs and alcohol and did not have boat licence – boat collided with fishing boat – ought to have known PS unfit to drive boat and failed to supervise him.

Remorse – good character – girlfriend was one of the victims.

Iskov

[2010] NSWSC 1074

Barr AJ

 

[2011] NSWCCA 241

Negligence

Motor vehicle

PG

(25%)

Mansl

 

s.86

 

s.33

 

12y

NPP 7y 6m

 

 

10y

NPP 7y 6m

 

8y

NPP 6y

 

Total:

18y

NPP 13y 6m

AA

9y

NPP 5y 3m

 

10y

NPP 7y 6m

 

8y

NPP 6y

 

Total:

15y

NPP 11y 3m

Entered car of estranged wife and assaulted her on wrist and head with hard, blunt instrument – drove around in V's car with V in front seat unable to leave for three and a half hours – car collided with tree – V killed by impact with windscreen – negligent in failing to obtain medical assistance for injuries, driving around with distressed passenger, failing to ensure V wearing seat belt and collision with tree – negligence of driving not high

Angered and depressed by marriage breakdown – suffering reactive depression

Sparks

(26 at offence – 49 at sentence)

 

 

 

 

 

 

 

 

 

 

D Stracey

(26 at offence – 49 at sentence)

 

[2010] NSWSC 1512

Adams J

Unlawful and dangerous

Assault – general

Motor vehicle

PG

(25%)

Mansl

 

Rob in Co

 

AR

 

Sched:

3 offences

 

 

 

PG

(25%)

Mansl

 

Rob in Co

 

Sched:

2 offences

Lengthy record including recent charges

 

 

 

 

 

 

 

 

 

 

Numerous offences until 1993

6y 9m

NPP 3y 6m

 

3y 9m

NPP 2y

 

4y 10m

NPP 2y 6m

 

Total:

7y 10m

NPP 4y 6m

 

5y 3m

NPP 2y

 

 

3y

NPP 1y 6m

(concurrent)

 

Manslaughter offence committed 1987 – co-offenders drove van in front of female pedestrian and attempted to grab handbag – 40m later Stracey drove van past female pedestrian standing on island – Sparks reached out and grabbed handbag – 3mins later drove past female V and grabbed handbag – V struck head on kerb in attempt to resist robbery – abandoned van and stole car – took extensive steps to cover up involvement – offence opportunistic but part of pre-mediated pattern of criminal behaviour

Sparks robbed real estate with blood filled syringe and knife in 1997 – partial concurrence for this later offence - disturbed childhood – poly drug abuse – drug affected at time of offence – genuine remorse

Stracey – rehabilitation from drug abuse in early 1990s – supportive family

Woodbridge

(2010) 208 A Crim R 503

NSWCCA

Motor vehicle

VG

Mansl

 

 

Agg driving cause GBH

High PCA

3y

NPP 2y

 

 

FT 2y

 

Total:

6y

NPP 4y

Crown AA

7y

NPP 4y

 

FT 3y

 

Total:

9y

NPP 6y

Intoxicated driving – crossed over to other side of road – crashed into oncoming vehicle – one V killed – second V seriously injured – drove lengthy distance on busy highway on busy afternoon.

Mental health issues – suffering depression – argument on morning with ex-husband and son caused offender to consume alcohol – good character.

Duncan

(36)

[2012] NSWCCA 78

Motor vehicle

PG

2 x Manslaughter

 

3 x Agg dangerous driving causing GBH

 

9y 6m

NPP 5y

(each)

 

FT 3y

 

Total:

12y 6m

NPP 8y

AD

Female driving car load of passengers 3am on country road – encouraged male driver to reach excessive speeds on journey out – on return journey sought to better speed – passengers asking offender to slow down - missed bend and collided with trees – four passengers aged under 18y

Remorse – mother to children – excellent prospects of rehabilitation

Spark

(23)

[2012] NSWCCA 140

Motor vehicle

Unlawful and dangerous

PG

(25%)

Mansl

 

Mansl

 

Sched:

Agg BES

Take and drive conveyance

Significant record including car theft offences – breached parole

13y 6m

NPP 9y 9m

 

 

12y 6m

NPP 8y 9m

 

Total

15y

NPP 11y 3m

AD

Broke into home and stole car keys – drove away car parked in driveway – next day drove stolen vehicle on incorrect side of road - collided with oncoming car killing driver and passenger – under influence of drugs and alcohol – police pursuit over 2.2km up to speeds of 185kph – continued at high speeds after pursuit terminated for 3.2km – wet conditions – unlicenced – very high level of culpability

Genuine remorse

Winter

(43)

[2012] NSWCCA 218

Motor vehicle

PG

(25%)

2 x Mansl

 

3y

 

 

 

3y

 

Total

4y

NPP 2y

Crown AA

4y

NPP 3y

 

4y

NPP 3y

 

Total:

9y

NPP 6y

Female – suffered blackout due to undiagnosed epilepsy – hit two pedestrians –driving against medical orders after taking prescribed morphine and other drugs for a migraine and then smoking cannabis –previously suffered blackouts - not of highest order of culpability but driving in face of medical advice and knowledge of potential to lose consciousness places moral culpability at high level.

Day

(27)

[2014] NSWCCA 333

Motor Vehicle

PG

(25%)

Mansl

 

s.52A(3)

 

Sched:

2 x s.52A(3)

 

9y

NPP 6y

 

 

FT 3y

 

Total:

10y

NPP 7y

AD

Truck driver – veered off motorway and struck four cyclists on shoulder – one killed and three injured – significantly impaired by cannabis – grossly exceeded permitted driving hours in days prior to collision – chronic and acute fatigue – no proper rest breaks – moral culpability of high order

Experienced driver – suffering depression and anxiety from financial pressures – pressured to keep illegal hours by employer

Gordon

(42)

[2017] NSWSC 574

Campbell J

Unlawful and dangerous

Assault – General

Motor vehicle

VG

(at murder trial – 15% for offer)

Record for violent impulse when intoxicated

10y

NPP 6y 6m

 

Afternoon and evening drinking with victim and other friends – started driving victim home when earlier argument reignited – victim alighted from car – offender accelerated in reverse and deliberately struck victim – offered initial assistance then left victim at side of road – both highly intoxicated – impulsive but serious offence

Alcohol problem – health problems affecting custodial conditions

Chandler

(22)

[2017] NSWSC 1758

Johnson J

​Unlawful and dangerous

Motor Vehicle

​PG

(5%)  

Mansl

 

Sched:   

Take and drive MV    

Drive unlicenced   

Police pursuit offence

breached bail – lengthy record – many driving offences – aggravating factor
​19y

NPP 13y

​Offender driving stolen car in police pursuit – drove through backyard killing 18m child – continued driving through park with adults and children and pursuit terminated – never held a licence to drive – previously lived in area and aware of proximity of park through backyard – held actual realisation of appreciable risk of serious injury – at gravest end of spectrum - aggravated by being committed in home of victim

Extremely dysfunctional and difficult childhood resulting in early and heavy drug abuse – mental health issues – Bugmy considerations – institutionalised criminal – protective custody due to nature of offence

Last updated 9/7/2018 

 

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