Legal Research > Sentencing Tables

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

Drive Aggravated Dangerous Occasioning GBH: s.52A(4)                

Max penalty: 11 years

​Case​OffencePleaSentenceAppeal​Record​Facts

SAVKA
88 A Crim R 393

2 x s.52A(4)
[alcohol]

Sched
drive unlicensed & unregistered

PG

300h CSO

Crown AA
MT 18m
AT 18m

Good character

Struck tree injuring 2 passengers.

DEBNAM
(28)
NSW CCA
2.3.1998

s.52A(4)

Sched:
drive unlicensed

PG

MT 3y
AT 1y

AD

extensive traffic record

Veered into milk vendor parked on side of road. Had been drinking heavily - reading 0.217.

MILSOM
NSW CCA
10.12.1997

2 x s.52A(4)

PG

400h CSO
disq 3y

Crown AA
Should have been full-time custody
30mth PD

traffic matters

Ran red light on major highway intersection at 1.10am. Alcohol reading: 0.192.

 

 

 

Cases post-R v Jurisic 12.10.98 (Guideline Judgment)

CaseOffencePleaSentenceAppealRecordFacts

ERRINGTON
(44)
NSW CCA
3.3.1999

s.52A(4)

PG

Home Detention 18m

Crown AA
MT 1y
AT 18m

high range PCA (1982)

High range alcohol (0.278). Drinking from 8am until just before collision at 6pm. Speeding. Changed lanes and lost control. Mounted kerb colliding with pole. Wife seriously injured - (later died of sepsis following surgery).
Considerable remorse.

BICHENO
(45)
NSW CCA
9.6.1999

2 x s.52A(4)

PG

MT 2y
AT 2y

AD

single speeding offence

Heavily intoxicated (0.263). Collided with another car injuring 19y female driver and A's defacto wife.

McASKILL
NSW CCA [350]
9.8.2000

2 x s.52A(4)

PG

MT 3y
AT 1y

AD

offences for mid and high range PCA

Drank 10-12 schooners of beer and caught taxi home. Drove to work in early hours of morning after being unexpectedly asked to fill in for friend. Drove on to wrong side of road forcing small car with female passengers off road. Passengers suffered broken bones. (0.155). Actions show more than bad error of judgment.
Good character evidence.

KHAN
NSW CCA [454]
27.10.2000

s.52A(4)

PG

4y 6m
NPP 3y 4m 15d

AD

prior offences including high range PCA

While speeding and intoxicated lost control on bend and crashed over steep embankment. Female passenger lost leg.

TURNER
NSW CCA [455]
27.10.2000

s.52A(4)

PG

3y
NPP 2y 3m

AD

high range PCA and other driving offences

While intoxicated, unlicensed and speeding on damp road at night lost control of car and crashed into fence. Passenger suffered serious fracture.

KING
(34)
NSW CCA [18]
8.2.2001

s.52A(4)

PG

2y PD

Crown AA
2y
NPP 12m

two prior drink driving convictions

Intoxicated - while crossing narrow bridge bent down to pick up cigarette - hit kerb and veered into oncoming car - severe injuries to driver of other car. .273 blood alcohol reading.
Good life history - deep remorse.

PATES
NSW CCA [142]
6.4.2001

s.52A(4)

Sched:
SMV
Larceny

PG

4y 6m
NPP 3y

AD

 

Involved in police chase driving stolen vehicle - drove through red light and collided with another car - driver seriously injured - abandonment of responsibility.

DOUGLASS
NSW CCA [250]
23.5.2001

s.52A(4)

PG

2y
NPP 6m

AA
21m suspended

prior convictions for drink driving

Driving with alcohol level of .190. No abandonment of responsibility but behaving reprehensibly and conduct well towards upper level of culpability.
Wife become quadriplegic - A taken over full time care of wife - effect of incarceration on wife - served 3 months custody.

KALITI
(30)
NSW CCA [268]
29.6.2001

s.52A(4)

PG

5y
NPP 3y 9m

AD

prior good character and clear driving record

Intoxicated when struck male standing next to box trailer - catastrophic injuries resulting in loss of both legs and brain damage. Alcohol level .2g. Clear and significant abandonment of responsibility - deliberate decision to drive while over the limit.

LEE
NSW CCA [236]
19.6.2002

s.52(4)

PG (25% on appeal)

3y
NPP 18m

AA
2y 3m
NPP 1y 1m 2w

old PCA offences - driving with suspended licence

Collided with motorcyclist after disobeying traffic light - Intoxicated
Resumed drinking after murder of only child - Depression - Aggravated around anniversary of death - Good prospects of rehabilitation

WHYTE
NSW CCA [343]
20.8.2002

s.52(4)

PG
(10%)

2y 3m
NPP 12m

Crown AD

prior alcohol offence involving motor accident

Fell asleep at wheel of car - Car veered into on-coming traffic- Passenger of mini-bus severely injured - Intoxicated having been drinking night before and day of accident
Genuine remorse - Appeal dismissed because of delay

PLUMB
NSW CCA [359]
1.12.2003

2 x s.52(4)

PG (20%)

Total:
2y 6m
NPP 18m

AD

nil

Intoxicated - Drove over double yellow lines - Caused head on collision with incoming vehicle - Serious injuries to two victims.

BUCHANAN
NSW CCA [141]
12.5.2004

s.52(4)

PG (25%)

2y 6m
NPP 15m

AD

Not stated

Female - Drove while intoxicated - 0.25-.028 - Crossed double lines on curve and collided with on-coming vehicle - Caused permanent dental damage to driver - High moral culpability
Drove to escape boyfriend's violence

TAKAI
(21)
NSW CCA [392]
19.11.2004

s.52(4)
[alcohol]

PG (first opp)

3y 6m
NPP 21m

AA
2y 6m
NPP 1y 3m

Nil

Female - Lost control of car and collided with power pole injuring passenger - Intoxicated at 0.169
Error in finding level of intoxication x5 over the limit

MCMILLAN
(52)
NSW CCA [28]
16.2.2005

s.52(4)
[alcohol]

PG (20%)

3y
NPP 1y 9m

Crown AA
4y
NPP 2y 6m

Alcohol related offences including manslaughter

Collided with oncoming traffic on wrong side of country road - Intoxicated - High level of moral culpability

KOPACKA
(40)
NSW CCA [83]
10.3.2005

s.52(4)
[alcohol]

PG (15%)

4y 6m
NPP 2y 6m
7y lic disq

AD

Appalling traffic record; 9 x DUI; disqualified driver

Drove unregistered/uninsured car while disqualified - overtook over double unbroken lines, then lost control - swerved onto wrong side and off road into tree - Injuries to passengers at lower end of scale - BAC .281- high culpability - 15% reduction for PG
Supportive relationship - little insight into alcohol problems - liver problems -

GONZALEZ
NSW CCA [4]
19.1.2006

2 x s.54A(4)

PG

2y 6m
NPP 1y 3m

AD

Poor traffic record - breached traffic bond

Lost control on bend and collided with pole injuring passengers - intoxicated - high moral culpability
Youth and good character

ELYARD
(24)
NSW CCA [43]
6.3.2006

s.54A(4)

PG (20%)

5y
NPP 2y 6m

AD

Breached probation

Ran red light and struck pedestrian causing serious injuries - significantly affected by drugs
Remorse

DOYLE
NSW CCA [118]
13.4.2006

s.54A(4)

PG

Suspended sentence 2y

Crown AA
3y
NPP 18m

Nil

Intoxicated at 0.205 -drove onto other side of road colliding with car driven by family -victim suffered ruptured spleen from which recovered.
Depression - drug abuse.

CARRUTHERS
(48)
NSW CCA [59]
19.3.2008

s.54A(4)

PG (25%)

2y 2m 29d
NPP 1y 8m 9d
PD

Crown AA
2y 2m
NPP 1y 8m

Drink driving

Turned across path of motorcyclist - serious injuries to ankle - high range blood alcohol level
Involved in voluntary organisations - drinking problem,

BROOKS
NSW CCA [265]
3.11.2009

2 x s.54(4)

Sched:
Drive unreg
Drive unlicenced

PG (25%)

3y 6m
NPP 2y

AD

Extensive history of driving offences

Drinking with victims at hotel - drove in unregistered custom built hot rod - lost control of car, mounted curb and rolled - no seat belts fitted to car - passengers ejected from car - applicant seriously injured with long term injuries

 

KYLE

(27)

[2014] NSWCCA 300

​s. 54(4)​PG (25%)3y

NPP 1y 9m

Crown AA

4y 6m

NPP 2y 9m

​NilDrinking heavily and had been admitted to hospital – on release from hospital proceeded to drive vehicle – crossed over double lines and collided with V who was riding motorbike – V suffered catastrophic permanent  injuries, including lost movement in left leg, wheelchair bound  - drove for 50 km on major and busy arterial roads whilst in a heavily intoxicated state.

Supportive family – good character - remorse.

Tuhakaraina

(49)

[2016] NSWCCA 81

s.52(4)

[PCA]

PG

(25%)

2y 6m

NPP 6m

Crown ADTraffic offences

Drank heavily during lunch hour – likely reading of 0.194 - collided with motorcyclist – A got out of car but did not check on V or call assistance for V, but went home - V suffered injuries to hip, ankle, knee -  V suffering lifelong functional impairment, and ongoing chronic pain and stiffness in ankle – A had travelled 1.5 km, through areas with high pedestrian traffic, and at  time of day when many people and schoolchildren going home.

CCA – NPP erroneously lenient -  SJ in error to give too much weight to ill-health of A's wife - however appeal dismissed due to delay in matter.

Vale

[2016] NSWCCA 154

s.52A

[escape police pursuit]

 

Engage in police pursuit

 

Sched:

2 offences

PG

(25%)

6y

NPP 3y

 

FT 3y

concurrent

ADLengthy record – spent most of adult life in custody - breached parole

While babysitting 17mth nephew placed him in front seat of car in seat belt only – speeding – police pursuit – lots control and collided with tree – complete abandonment of responsibility – drug affected – high level of breach of trust

Aboriginal with difficult childhood – injured as result of crash