This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.
Max penalty: 11 years
SAVKA88 A Crim R 393
2 x s.52A(4)[alcohol]Scheddrive unlicensed & unregistered
Crown AAMT 18mAT 18m
Struck tree injuring 2 passengers.
MT 3yAT 1y
extensive traffic record
Veered into milk vendor parked on side of road. Had been drinking heavily - reading 0.217.
2 x s.52A(4)
400h CSOdisq 3y
Crown AAShould have been full-time custody30mth PD
Ran red light on major highway intersection at 1.10am. Alcohol reading: 0.192.
Home Detention 18m
Crown AAMT 1yAT 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.
MT 2yAT 2y
single speeding offence
Heavily intoxicated (0.263). Collided with another car injuring 19y female driver and A's defacto wife.
McASKILLNSW CCA 9.8.2000
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.
KHANNSW CCA 27.10.2000
4y 6mNPP 3y 4m 15d
prior offences including high range PCA
While speeding and intoxicated lost control on bend and crashed over steep embankment. Female passenger lost leg.
TURNERNSW CCA 27.10.2000
3yNPP 2y 3m
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 8.2.2001
Crown AA2yNPP 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.
PATESNSW CCA 6.4.2001
4y 6mNPP 3y
Involved in police chase driving stolen vehicle - drove through red light and collided with another car - driver seriously injured - abandonment of responsibility.
DOUGLASSNSW CCA 23.5.2001
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 29.6.2001
5yNPP 3y 9m
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.
LEENSW CCA 19.6.2002
PG (25% on appeal)
AA2y 3mNPP 1y 1m 2w
old PCA offences - driving with suspended licence
Collided with motorcyclist after disobeying traffic light - IntoxicatedResumed drinking after murder of only child - Depression - Aggravated around anniversary of death - Good prospects of rehabilitation
WHYTENSW CCA 20.8.2002
2y 3mNPP 12m
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 accidentGenuine remorse - Appeal dismissed because of delay
PLUMBNSW CCA 1.12.2003
2 x s.52(4)
Total:2y 6mNPP 18m
Intoxicated - Drove over double yellow lines - Caused head on collision with incoming vehicle - Serious injuries to two victims.
BUCHANANNSW CCA 12.5.2004
2y 6mNPP 15m
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 culpabilityDrove to escape boyfriend's violence
TAKAI(21)NSW CCA 19.11.2004
PG (first opp)
3y 6mNPP 21m
AA2y 6mNPP 1y 3m
Female - Lost control of car and collided with power pole injuring passenger - Intoxicated at 0.169Error in finding level of intoxication x5 over the limit
MCMILLAN(52)NSW CCA 16.2.2005
3yNPP 1y 9m
Crown AA4yNPP 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 10.3.2005
4y 6mNPP 2y 6m7y lic disq
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 PGSupportive relationship - little insight into alcohol problems - liver problems -
GONZALEZNSW CCA 19.1.2006
2 x s.54A(4)
2y 6mNPP 1y 3m
Poor traffic record - breached traffic bond
Lost control on bend and collided with pole injuring passengers - intoxicated - high moral culpabilityYouth and good character
ELYARD(24)NSW CCA 6.3.2006
5yNPP 2y 6m
Ran red light and struck pedestrian causing serious injuries - significantly affected by drugsRemorse
DOYLENSW CCA 13.4.2006
Suspended sentence 2y
Crown AA3yNPP 18m
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 19.3.2008
2y 2m 29dNPP 1y 8m 9dPD
Crown AA2y 2mNPP 1y 8m
Turned across path of motorcyclist - serious injuries to ankle - high range blood alcohol levelInvolved in voluntary organisations - drinking problem,
BROOKSNSW CCA 3.11.2009
2 x s.54(4)Sched:Drive unregDrive unlicenced
3y 6mNPP 2y
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
 NSWCCA 300
NPP 1y 9m
NPP 2y 9m
Supportive family – good character - remorse.
 NSWCCA 81
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.
 NSWCCA 154
[escape police pursuit]
Engage in police pursuit
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