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 Causing Death: s.52A(2)

Max penalty: 14 years  

Case

Offence

Plea

Sentence

Appeal

Record

Facts

WILLIAMS
(17)

 

NSW CCA 17.12.1996

s.52A(2)
(intoxication)

PG

MT 2y 3m
AT 2y 9m
(detention)

AD

Mal damage, PCA

At party drove car with three people on bonnet. Struck steel pole killing deceased.

SLATTERY
(24)

 

(1996) 90 A Crim R 519

2 x s.52A(2)
(alcohol and speed)

PG

3y PD

Crown AA
MT 12m
AT 2y

Good character. Low range PCA no conviction recorded.

Lost control at high speed trying to avoid collision. Killed 2 close friends travelling as passengers.

INGRAM

 

NSW CCA

26.8.1997

s.52A(2)
(intoxication)

VG

MT 3y 6m
AT 2y 6m

AD

Numerous driving offences including drink driving.

Struck deceased standing on side of road being sick.

Family suffered harassment as result of offence.

KALANJ
(30)

 

NSW CCA 18.12.1997

s.52A(2)
(intoxication)

 

Sched:
drive unreg & uninsured

 

MT 18m
AT 18m

Crown AA
MT 2y 6m
AT 2y 6m

Serving CSO for assault.

Dishonesty, property, violence and PCA

Travelling in country, drove onto wrong side of road and collided with car and caravan. Deliberately decided to travel long distance under the influence of alcohol. Reading not less than .16.

Significant alcohol problem. Some attempts at rehabilitation.

BLACK
(21)

 

NSW CCA
23.7.1998

s.52A(2)
s.52A(4)

 

Sched:
drive unlic,
unreg &
uninsured

PG

MT 2y 3m
AT 2y 3m
FT 2y 3m

(concurr)
3y disq

Crown AA
Worst type of case.

MT 3y
AT 2y
FT 3y
(concurr)

nil

Travelling along Parramatta Rd at 110 km in 60 zone at 5.55am. Drove through red light narrowly missing pedestrian. Swerving through traffic ran another red light, colliding with V’s car. Driver killed instantly, passenger severely injured. Alcohol reading: .120 to .135.

BYRNE
(31)

 

(1998) 104 A Crim R 456

s.52A(2)
s.52A(4)

 

Sched:
unlicensed driver

PG

MT 12m
AT 4m
(home detention)

3y GBB

Crown AA
MT 11m
AT 2y

stealing, possess cannabis and unlicensed driver

Female - Driving her two young children, unrestrained. Drifted left and collided with parked car. Travelled along nature strip and collided with fence. Daughter died, son injured. Alcohol reading: .155 to .228 (probably .205) Had been drinking with brother who was concerned about her ability to drive.

Difficult background resulting in alcohol problem. Serious injuries from accident.

WINTER
(24)

 

NSW CCA

9.10.1998

52A(2)

PG

MT 3y 3m
AT 2y 3m

AD.
High but not outside discretion.

 

When left house aware he would drink and drive. Drove on after hitting V - serious aggravating factor. Alcohol 0.157.

 

 

 

Cases post-R v Jurisic 12.10.98 (Guideline Judgment)

Case

Offence

Plea

Sentence

Appeal

Record

Facts

McDONALD

 

NSW CCA
12.10.1998

s.52A(2)
s.52A(4)

PG

MT 2y
AT 3y
(concurrent sentence)
Disq 5yrs

Crown AA
MT 3y
AT 3y
(concurrent sentence)

Very poor traffic record incl PCA

Drinking for previous 12 hours. Alcohol reading 0.195. Prior to accident was seen speeding, changing lanes without indicating and running lights.

McKINNEY
(49)

 

NSW CCA
10.3.1999

s.52A(2)

PG

3y PD

Crown AA
MT 1y 6m
AT 1y 6m

 

High range alcohol (between 0.166 - 0.282). Lost control of truck hitting pole and tree. A’s wife killed. Members of public put at risk. Considerable remorse.

SEN
(29)

 

NSW CCA
11.6.1999

2 x s.52A(2)

PG

MT 6y 9m
AT 2y 3m

AA
MT 5y 3m
AT 1y 9m

Speeding

Considerably influenced by alcohol (0.219). Drove through red traffic light killing two persons.

REEVES

 

NSW CCA
2.7.1999

s.52A(2)
2 x s.52A(4)

PG

MT 2y 6m
AT 2y 6m
(concurrent sentences)

AD

Nil

Female - Under influence of alcohol (0.160) hit two pedestrians, killing 17y girl and seriously injuring another. Passenger also injured. Taking medication for bipolar disorder and was aware medication should not be mixed with alcohol.

SIMPSON
(43)

 

NSW CCA
10.9.1999

s.52A(2)

PG

MT 3y 6m
AT 1y 6m

Crown AD

Nil. “Fine driving record” over 20 years driving experience.

Intoxicated (0.254) truck driver overtook bus slightly over speed limit. Crossed to wrong side of road colliding with van and killing driver.

JAWOROWSKI
(43)

 

NSW CCA [430]
29.10.1999

s.52A(2)

PG

MT 6y
AT 2y

AA
MT 5y
AT 3y

Previous convictions for drink driving. Lost licence two weeks prior to offence for PCA offence.

Driving intoxicated ran over motorcyclist in daylight.

Alcoholic - evidence of rehabilitation since offence. Genuine contrition.

HANLON
(25)

 

NSW CCA
16.2.2000

s.52A(2)

PG

MT 3y 9m
AT 1y 3m

AA
MT 3y
AT 2y

not significant

Intoxicated lost control of vehicle on bend and collided with oncoming car. Killed brother.

Significant remorse.

HAWKINS
(29)

 

NSW CCA [380]
11.8.2000

s.52A(2)

PG

MT 4y
AT 1y

AD

prior convictions for mid-range PCAs.

Driving utility while intoxicated (0.216) and speeding (100kph in 60kph zone). Collided with car killing passenger.

Significant alcohol problem.

WOODWARD
(24)

 

NSW CCA [90]
23.3.2001

s.52A(2)

VG

MT 5y
AT 3y

AD

no significant criminal record - very poor driving record

While driving left road and collided with power pole killing passenger. Intoxicated - 0.2016 - knew over the limit - in category of most serious offences of this kind.

Prior good character - remorse - post traumatic stress disorder

TADMAN
(21)

 

NSW CCA [225]
29.5.2001

s.52A(2)

 

Sched:
Self admin heroin
Fail to stop

PG (25%)

MT 4y
AT 3y

AA
5y 3m
NPP 2y 8m

No priors

Drove while under influence of heroin - Long period of erratic driving - Collided with car forcing it into on coming traffic - left scene.

Genuine remorse - high prospects for rehabilitation - excellent character references - heroin addiction

COUSINS
(37)

 

NSW CCA [81]
5.3.2002

s.52A(2)
s.52A(4)

PG

(20% On appeal)

7y
NPP 4y
(concurrent sentence)

Crown AA
8y
NPP 6y

appalling record - driving offences - disqualified driver

Police chase in stolen car through suburban streets - Middle of day - Roads moderately affected by traffic - High speed - Collision at intersection after running red light - Killed and injured passengers - Gravity of offence extremely high

Prospects for rehabilitation poor

RAYNER
(37)

 

NSW CCA [309]
25.6.2002

s.52A(2)
s.52A(4)

PG

6y
NPP 4y
(concurrent sentence)

AD

On bond for dangerous driving

Struck median strip and veered on to wrong side of road – Collided with motor cyclist – Passenger killed – Cyclist injured – Intoxicated

Police officer for 18 years until recently dismissed

SKRILL
(22)

 

NSW CCA [484]
20.11.2002

s.52A(2)
s.52A(4)

PG

5y
NPP 2y
(concurrent sentence)

Crown AA
6y
NPP 2y 6m

Total:
6y 6m
NPP 3y

Nil

Driving friends after a party while intoxicated - Speeding - Lost control of car and overturned around bend - Killed girlfriend and injured another passenger - Alcohol level 0.182-0.238g

Significant psychological consequences of accident

ELRIFAI
(26)

 

NSW CCA [496]
9.12.2002

s.52A(2)
[escape police]

PG (30%)

4y
NPP 2y

AD

 

Police tried to pull appellant over after suspecting appellant may be under influence of alcohol - Appellant continued to drive at high speed (111kmh) - Drove through red light - Vehicle airborne before colliding into tree - Passenger (best friend) killed.

Ongoing injuries - extreme remorse - isolated social background (Lebanese)

VUKIC
(28)

 

NSW CCA [13]

27.2.2003

s.52A(2)

PG (20-25%)

8y
NPP 5y

AA
7y
NPP 4y

Poor traffic record

Intoxicated (0.172) - Speeding - Crossed double lines - Collided head on

History of drug and alcohol abuse - Seriously injured resulting in permanent injuries - Traumatised by accident - Suffering major depression and PTSD

RYAN
(23)

 

NSW CCA [202]
23.7.2003

s.52A(2)
[speed]

 

Sched:
Fail to stop

PG (25%)

7y 6m
NPP 5y

AA
6y
NPP 4y

Lengthy criminal (driving) and traffic record

Speeding (approx 135kph in 75kph zone) - Collided with stationary vehicle forcing vehicle into intersection and collision – driver killed – left scene of accident – no element of intoxication

Failure to take into account prior good character.

ZELUKIN

 

NSW CCA [262]

17.9.2003

s.52A(2)
[alcohol]

PG

5y
NPP 3y

AD

 

Driving utility – Crossed to wrong side of road across dirt median strip – Collided with on-coming traffic

Under influence of alcohol and cannabis

HOWCHER

 

NSW CCA [179]
21.6.2004

s.52A(2)
[speed]

PG (10%)

3y 6m
NPP 2y

AD

Poor driving record – breached bond – unlicenced

While demonstrating new car lost control and collided with tree, killing passenger – Car modified – 115-126kph in 60 zone

Absconded to Lebanon for several years – Voluntary return - Rehabilitation

SUTTON
(44)

 

NSW CCA [225]
6.7.2004

s.52A(2)
[intoxication]

PG (25% on appeal)

6y 6m
NPP 4y 6m

AA
6y 6m
NPP 4y

Old record for drink driving

Swerved to wrong side of road and killed female cyclist – Blood alcohol reading .268 – Failed to stop – Unlicenced

Some evidence of rehabilitation

BERG
(45)

 

NSW CCA [300]
25.8.2004

S.52A(2)
[intoxication]

PG (toward top of the range)

5y
NPP 3y

AA
4y
NPP 2y 3m

Record mostly dishonesty – prior traffic record in other states including drink driving

Lost control of car which left road and crashed into embankment killing girlfriend – Intoxicated

Evidence of recent good character including involvement in charity work and citizenship awards – Deeply affected by death

PEVY
(22)

 

NSW CCA [414]
25.11.2004

s.52A(2)
[escaping pursuit]

PG (early)

5y
NPP 3y 9m

AA
5y
NPP 3y 3m

Suspended sentence for demand money with menaces

Accelerated from police seeking to administer random breath test – drove 100-110 kph in 60kph zone for 5 minutes – collided with car killing driver – intoxicated

Remorse – Assaulted in custody – excellent prospects of rehabilitation – failure to find special circumstances

SMITH
(30)

 

NSWCCA [19]
9.2.2005

s.52A(2)
[intoxication, speed]

PG (earliest opp)

7y
NPP 4y

AA
6y
NPP 3y

Old record for drink driving

Drove home from pub with girlfriend – approx 115kp/h in 100 zone – crashed into field and car rolled over, killing girlfriend – A sustained only minor injuries and told police had been alone in the car – alcohol and cannabis – A unlicensed

Rehabilitation while in custody – low risk of reoffending – sole care of child.

Veatufungu
(36)

 

NSW CCA [54]
1.3.2007

s.52A(2)
[intoxication]
3 x s.52A(4)

PG (25%)

3y
NPP 18m

Crown AA
4y 9m
NPP 3y

Nil – minor traffic offences

Collided with on-coming car on wrong side of road – blood alcohol reading of 0.187 – moral culpability high

Remorse

Thompson
(31)

 

NSW CCA [299]
24.10.2007

2 x s.52A(2)

PG (at trial)

10y 6m
NPP 7y 6m

AD

Nil – speeding fines

Driver of car struck tree killing two passengers – speeding (120kph in 60kph zone) – intoxicated – failed to stop at stop sign – car became airborne – two passengers in one seat with restraint – left scene without reporting accident- upper end of range of seriousness

Remorse

Lawrence

 

NSW CCA [349]
6.12.2007

s.52A(2)

PG (first opp)

6y
NPP 4y

AA
5y
NPP 3y

Nil

Consumed 6-10 schooners in afternoon – Drove on freeway for about 2 hours – collided with victim causing victim’s car to overturn.

Strong subjective circumstances – exemplary record – extraordinary impact of victim’s death upon applicant.

Page
(37)

 

NSW CCA [26]
19.2.2008

s.52A(2)

 

Sched:
Drive conveyance

PG (late)

5y 4m
NPP 4y

AD

Lengthy record – including traffic and driving offences – breached parole for BES

Involved in police chase in stolen car – driving at 65kph through 50 zone – collided with vehicle reversing from driveway – no contributory negligence – under influence of heroin

Whybrow
(20)

 

NSW CCA [270]
19.11.2008

2 x s.52A(2)
s.52A(4)
Drive with high range PCA

PG (15%)

9y
NPP 5y 4m

AA
7y
NPP 4y 2m

Nil – minor traffic infringements

Drove intoxicated – crossed to wrong side of road and collided with on-coming vehicle – husband and wife killed – 18y daughter seriously injured – mid-range culpability

Married with children – remorse – good prospects of rehabilitation – suffered serious injuries from accident

Hei Hei

 

NSW CCA [87]
2.4.2009

s.52A(2)

PG (30%)

5y
NPP 3y

AD

Lengthy history of driving offences

Drove after evening drinking with stepdaughter (V) and stepdaughter’s boyfriend as passengers – crossed road impacting with brick wall – V died.

CCA found sentence not manifestly excessive.

SBF
(17)

 

NSW CCA [231]
10.9.2009

2 x s.52A(2)

 

Sched:
s.52A(4) Agg Driving cause GBH

PG (10%)

7y 10m
4y 3m

AD

Nil

Whilst intoxicated, drove vehicle containing 3 friends and collided with telegraph pole – two passengers died – one passenger seriously injured – travelling over 65km/ph over speed limit.

Bobbardieri
(20)

 

NSW CCA [161]
6.8.2010

s.52A(2)

PG (16.66%)

10y
NPP 6y 6m

AA
9y
NPP 5y 9m

 

Police pursuit over 190km after found speeding and driving dangerously along country highway – police called off chase on several occasions due to dangerous nature – ignored calls by police officer to turn off engine – caused minor collision – crossed unbroken lines causing on coming vehicle to leave road, lose control and collide with semi-trailer – unlicenced driver

Remorse – attempted suicide – psychological disorder – good prospects of rehabilitation – protective custody due to assaults in gaol

Smith
(32)

 

NSW CCA [290]
23.11.2011

s.52A(2) PG (early)8y NPP 6y AA

7y
NPP 5y 3m

PCA, driving, mal inflict GBH

Intoxicated – speeding – drove through red light and collided with kerb causing car to overturn – passenger victim (girlfriend) was killed. Manifestly excessive.

Millwood
(26)

 

NSWCCA [2]
6.12.2012

s.52A(2) a.52A(4)

PG

(15-20%)

4y

NPP 3y

 

Total:
5y
NPP 3y 9m

Crown AD Multiple offences – blood alcohol driving offence

Under influence of alcohol and drugs picked up two hitchhikers – accelerated rapidly in residential area showing off – driving turbo charged car on in breach of provisional licence – moved to wrong side of road around bend – swerved to miss on-coming car and collided with tree killing and injuring passengers Severely dysfunctional childhood – Physically injured in collision – remorse

Gommesen

 

NSWCCA [226]
1.11.2012

s.52A(2)

PG
(25%)

4y
NPP 2y 6m

AD

Prior conviction for drink driving

Struck power pole and passenger killed – half-brother – intoxicated – drinking at party

Williams

 

NSWCCA [286]
20.12.2012

s. 52A(2)

s. 52A(4)
Fail to appear

VG 8y NPP 4y AD Lengthy.

Struck power pole - 1st passenger killed and 2nd passenger badly injured – high alcohol reading and erratic driving – evidence that deceased had grabbed the steering wheel – however, collision caused by A’s driving. Aboriginal female – difficult background.

Wright
(43)

 

NSWCCA [82]
22.4.2013

s. 52A(2)

s. 52A(4)

PG (25%)9y 6m NPP 5y 9m AD Driving offences

A drove vehicle at an extreme speed (45kph above speed limit) along a major highway for some 38½ kilometres whilst substantially impaired by alcohol – A’s driving witnessed by several other motorists - 16 year old male passenger killed – 14 year old female passenger injured - disgracefully irresponsible conduct - close to worst type of offence of its kind - moral culpability high. Mental illness.

Elkassir
(20)

 

NSWCCA [181]
2.8.2013

s. 52A(2) PG (25%)3y NPP 12m Crown AD Traffic offences

Drove at extreme speed trying to race another vehicle – exceeded speed limit by more than 45 kmh – V who was close friend/passenger killed. Good character – hard-working – supportive family – remorse. Mental condition of A had deteriorated since sentence.

Smith

(22)

[2016] NSWCCA 75

2 x s.52A(3)

 

Sched:

Fail to stop

PG

(25%)

Agg

7y

NPP 4y

Crown ADNil criminal or traffic offencesGreen Plate driver – driving home after Christmas Party – intoxicated – fell asleep at wheel – mounted kerb and killed two pedestrians – ran away from accident in fear and shock

Difficult childhood – alcohol abuse – excellent prospects of rehabilitation – genuine remorse

Lehn

(24)

[2016] NSWCCA 255

s. 52A(2)

s154F Steal mv

 

Sched:

Fail to stop, Possess proh drug x 2

PG

(CCA – 25%)

s. 52A(2)-

10y

NPP 7y

 

 

s.154F –

FT 2y

 

 

 

 

Total aggregate:

11y

NPP 8y

AA

s. 52A(2)-

8y 3m

NPP 5y

 

s.154F –

1y 9m

 

 

 

 

Total aggregate:

8y 9m

NNP 5y 6m

Armed robbery, steal dwelling house, possess drugs, assaultA stole manual vehicle -  drove to collect acquaintance and purchase cannabis – negotiating bend at speed in excess of 20km/h over speed limit, A lost control of vehicle - collided with a pedestrian on nature strip - A and his passenger got out of vehicle and ran away without assisting V, who later died as a result of injuries.

Upper range objective seriousness – high moral culpability -  A driving manual car which he had no knowledge or experience of driving - under influence of drugs - subject to sleep deprivation and driving at grossly excessive speed.

Dysfunctional upbringing – drug abuse.

 

CCA: manifestly excessive – comparable cases.

 

 

 

 

 

 

 

 

 

 

 

 

Armed robbery, steal dwelling house, possess drugs, assault