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These tables are 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) 

(3) A person is guilty of the offence of dangerous driving occasioning grievous bodily harm if the vehicle driven by the person is involved in an impact occasioning grievous bodily harm to another person and the driver was, at the time of the impact, driving the vehicle:

(a) under the influence of intoxicating liquor or of a drug, or

(b) at a speed dangerous to another person or persons, or

(c) in a manner dangerous to another person or persons.

(4) A person is guilty of the offence of aggravated dangerous driving occasioning grievous bodily harm if the person commits the offence of dangerous driving occasioning grievous bodily harm in circumstances of aggravation.

(7) Circumstances of aggravation In this section, circumstances of aggravation means any circumstances at the time of the impact occasioning death or grievous bodily harm in which:

(a) the prescribed concentration of alcohol was present in the accused's breath or blood, or

(b) the accused was driving the vehicle concerned on a road at a speed that exceeded, by more than 45 kilometres per hour, the speed limit (if any) applicable to that length of road, or

(c) the accused was driving the vehicle to escape pursuit by a police officer, or

(d) the accused's ability to drive was very substantially impaired by the fact that the accused was under the influence of a drug (other than intoxicating liquor) or a combination of drugs (whether or not intoxicating liquor was part of that combination).

Max penalty:   11 years 

CASE

(age if known)

OFFENCEPLEASENTENCEAPPEALRECORDFACTS

Savka

(1996) 88 A Crim R 393

2 x s.52A(4)

(alcohol)

 

Sched

drive unlicensed & unregistered

PG300h CSO

Crown AA

MT 18m

AT 18m

Good characterStruck tree injuring 2 passengers.

Milsom

NSWCCA

10.12.1997

2 x s.52A(4)

(PCA)

PG400h CSO

Crown AA

Should have been full-time custody

30mth PD

traffic mattersRan red light on major highway intersection at 1.10am - alcohol reading: 0.192.

Debnam

(28)

NSWCCA

2.3.1998

s.52A(4)

(PCA)

 

Sched:

drive unlicensed

PG

MT 3y

AT 1y

ADextensive traffic recordVeered into milk vendor parked on side of road - had been drinking heavily - reading 0.217.

 

 

  

Cases post-Jurisic 12.10.98 (Guideline Judgment)

CASE

(age if known)

OFFENCEPLEASENTENCEAPPEALRECORDFACTS

Errington

(44)

[1999] NSWCCA 18

s.52A(4)

(intoxication)

PGHome 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)

[1999] NSWCCA 148

2 x s.52A(4)

(PCA)

PG

MT 2y

AT 2y

ADsingle speeding offenceHeavily intoxicated (0.263) - collided with another car injuring 19y female driver and offender's de facto wife. 

McAskill

[2000] NSWCCA 350

2 x s.52A(4)

(intoxication)

PG

MT 3y

AT 1y

ADoffences 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 - more than bad error of judgment.

Good character evidence.

Khan

[2000] NSWCCA 454

s.52A(4)

(intoxication)

PG

4y 6m

NPP 3y 4m 15d

ADprior offences including high range PCAWhile speeding and intoxicated lost control on bend and crashed over steep embankment - female passenger lost leg.

Turner

[2000] NSWCCA 455

s.52A(4)

(intoxication)

PG

3y

NPP 2y 3m

ADhigh range PCA and other driving offencesWhile intoxicated, unlicensed and speeding on damp road at night lost control of car and crashed into fence - passenger suffered serious fracture.

King

(34)

[2001] NSWCCA 18

s.52A(4)

(PCA)

PG2y 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 - 0.273 blood alcohol reading.

Good life history - deep remorse.

Pates

[2001] NSWCCA 142

s.52A(4)

(police chase)

 

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

[2001] NSWCCA 250

s.52A(4)

(PCA)

VG

2y

NPP 6m

AA

21m suspended

prior convictions for drink driving

Driving with alcohol level of 0.190 - no abandonment of responsibility but behaving reprehensibly and conduct well towards upper level of culpability.

Wife become quadriplegic - taken over full time care of wife - effect of incarceration on wife - served 3 months custody.

Kaliti

(30)

[2001] NSWCCA 268

s.52A(4)

(intoxication)

PG

5y

NPP 3y 9m

ADprior good character and clear driving recordIntoxicated when struck male standing next to box trailer - catastrophic injuries resulting in loss of both legs and brain damage - clear and significant abandonment of responsibility - deliberate decision to drive while over the limit.

Lee

(2002) 131 A Crim R 209

s.52(4)

(PCA)

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

(2002) 134 A Crim R 53

s.52(4)

(PCA)

PG

(10%)

2y 3m

NPP 12m

Crown ADprior 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

[2003] NSWCCA 359

2 x s.52(4)

(intoxication)

PG

(20%)

Total:

2y 6m

NPP 18m

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

Buchanan

[2004] NSWCCA 141

s.52(4)

(intoxication)

PG

(25%)

2y 6m

NPP 15m

ADNot stated

Female - Drove while intoxicated – 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)

(2004) 149 A Crim R 593

s.52(4)

(alcohol)

PG

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)

[2005] NSWCCA 28

s.52(4)

(alcohol)

PG

(20%)

3y

NPP 1y 9m

Crown AA

4y

NPP 2y 6m

Alcohol related offences including manslaughterCollided with oncoming traffic on wrong side of country road – Intoxicated – High level of moral culpability

Kopacka

(40)

[2005] NSWCCA 83

s.52(4)

(alcohol)

PG

(15%)

4y 6m

NPP 2y 6m

ADAppalling 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 0.281 – high culpability

Supportive relationship – little insight into alcohol problems – liver problems

Gonzalez

[2006] NSWCCA 4

2 x s.52A(4)

(PCA)

PG

2y 6m

NPP 1y 3m

AA

to amend orders – same effective sentence imposed

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)

[2006] NSWCCA 43

s.52A(4)

(intoxication)

PG

(20%)

5y

NPP 2y 6m

ADBreached probation

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

Remorse

Doyle

[2006] NSWCCA 118

s.52A(4)

(PCA)

PG2y Suspended sentence

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)

(2008) 182 A Crim R 481

s.52A(4)

(PCA)

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

[2009] NSWCCA 265

2 x s.52(4)

(intoxication)

 

Sched:

Drive unreg

Drive unlicenced

PG

(25%)

3y 6m

NPP 2y

ADExtensive 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

Offender seriously injured with long term injuries

Kyle

(27)

[2014] NSWCCA 300

s.52(4)

PG

(25%)

3y

NPP 1y 9m

Crown AA

4y 6m

NPP 2y 9m

Nil

Drinking 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 – did not check on Victim or call assistance but went home - victim suffered injuries to hip, ankle, knee with lifelong functional impairment and ongoing chronic pain and stiffness in ankle – 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 – lost 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

Last Updated: 22/5/2017

 

               

 

 

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