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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 Causing Death: s.52A(2)

(1) A person is guilty of the offence of dangerous driving occasioning death if the vehicle driven by the person is involved in an impact occasioning the death of 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. 

(2) A person is guilty of the offence of aggravated dangerous driving occasioning death if the person commits the offence of dangerous driving occasioning death 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:   14 years

CASE

(age if known)

OFFENCEPLEASENTENCEAPPEALRECORDFACTS

Williams

(17)

NSWCCA 17.12.1996

s.52A(2)

(intoxication)

PG

MT 2y 3m

AT 2y 9m

(detention)

ADMal damage, PCAAt 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)

PG3y 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

NSWCCA

26.8.1997

s.52A(2)

(intoxication)

VG

MT 3y 6m

AT 2y 6m

ADNumerous driving offences including drink driving.

Struck deceased standing on side of road being sick.

Family suffered harassment as result of offence.

Kalanj

(30)

NSWCCA 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 0.16.

Significant alcohol problem - Some attempts at rehabilitation.

Black

(21)

NSWCCA

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)

Crown AA

MT 3y

AT 2y

 

FT 3y

(concurr)

NilTravelling 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 victim's car - driver killed instantly, passenger severely injured - alcohol reading: 0.120 - 0.135.

Byrne

(31)

(1998) 104 A Crim R 456

s.52A(2)

(intoxication)

 

 

 

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: 0.155 to 0.228 (probably 0.205)  - drinking with brother who was concerned about her ability to drive.

Difficult background resulting in alcohol problem - serious injuries from accident.

Winter

(24)

NSWCCA

9.10.1998

52A(2)

(intoxication)

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 Victim - serious aggravating factor - alcohol 0.157. 

 

 

 

Cases post-R v Jurisic 12.10.98 (Guideline Judgment)
 

CASE

(age if known)

OFFENCEPLEASENTENCEAPPEALRECORDFACTS

McDonald

NSWCCA

12.10.1998

s.52A(2)

(PCA)

 

s.52A(4)

PG

MT 2y

AT 3y

 

(concurrent sentence)

Crown AA

MT 3y

AT 3y

(concurrent sentence)

very poor traffic record incl PCADrinking for previous 12 hours - alcohol reading 0.195 - prior to accident was seen speeding, changing lanes without indicating and running lights.

McKinney

(49)

[1999] NSWCCA 51

s.52A(2)

(PCA)

PG3y 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 - wife killed - embers of public put at risk

Considerable remorse.

Sen

(29)

[1999] NSWCCA 199

2 x s.52A(2)

(PCA)

PG

MT 6y 9m

AT 2y 3m

AA

MT 5y 3m

AT 1y 9m

speedingConsiderably influenced by alcohol (0.219) - drove through red traffic light killing two persons.

Reeves

[1999] NSWCCA 269

s.52A(2)

(intoxication)

 

2 x s.52A(4)

PG

MT 2y 6m

AT 2y 6m

 

(concurrent sentences)

ADnilFemale - 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)

[1999] NSWCCA 367

s.52A(2)

(PCA)

PG

MT 3y 6m

AT 1y 6m

Crown ADNil. "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)

(1999) 108 A Crim R 489

s.52A(2)

(PCA)

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)

[2000] NSWCCA 55

s.52A(2)

(PCA)

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)

[2000] NSWCCA 380

s.52A(2)

(PCA)

PG

MT 4y

AT 1y

ADPrior 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)

[2001] NSWCCA 90

s.52A(2)

(intoxication)

VG

MT 5y

AT 3y

ADno 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)

[2001] NSWCCA 225

s.52A(2)

(intoxication)

 

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)

[2002] NSWCCA 81

s.52A(2)

(police pursuit)

 

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)

[2002] NSWCCA 309

s.52A(2)

 

s.52A(4)

PG

6y

NPP 4y

(concurrent sentence)

ADOn 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)

[2002] NSWCCA 484

s.52A(2)

(intoxication)

 

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)

[2002] NSWCCA 496

s.52A(2)

(police pursuit)

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)

[2003] NSWCCA 13

s.52A(2)

(intoxication)

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)

(2003) 141 A Crim R 403

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

[2003] NSWCCA 262

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

(2004) 146 A Crim R 371

s.52A(2)

(speed)

PG

(10%)

3y 6m

NPP 2y

ADPoor 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)

[2004] NSWCCA 225

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 0.268 – Failed to stop – Unlicenced

Some evidence of rehabilitation

Berg

(45)

[2004] NSWCCA 300

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)

[2004] NSWCCA 414

s.52A(2)

(police pursuit)

PG

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)

[2005] NSWCCA 19

s.52A(2)

(intoxication)

PG

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 – sustained minor injuries and told police had been alone in car – alcohol and cannabis – unlicensed

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

Veatufunga

(36)

[2007] NSWCCA 54

s.52A(2)

(intoxication)

 

4 x s.52A(4)

 

Fail to stop

PG

(25%)

3y

NPP 18m

(concurrent sentences)

Crown AA

52A(2)

42m

NPP 21m

 

Total:

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)

[2007] NSWCCA 299

2 x s.52A(2)

(speed)

PG

(at trial)

10y 6m

NPP 7y 6m

ADNil – 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

[2007] NSWCCA 349

s.52A(2)

(PCA)

 

High range PCA

PG

6y

NPP 4y

 

18m

(concurrent)

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)

[2008] NSWCCA 26

s.52A(2)

(police pursuit)

 

Sched:

Drive conveyance

PG

5y 4m

NPP 4y

ADLengthy record – including traffic and driving offences – breached parole for BESInvolved 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)

[2008] NSWCCA 270

2 x s.52A(2)

(PCA)

 

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

[2009] NSWCCA 87

s.52A(2)

(PCA)

PG

(30%)

5y

NPP 3y

ADLengthy history of driving offencesDrove after evening drinking with stepdaughter and stepdaughter's boyfriend as passengers – crossed road impacting with brick wall – step daughter died

SBF

(17)

(2009) 198 A Crim R 219

2 x s.52A(2)

(speed)

 

Sched:

s.52A(4)

PG

(10%)

7y 10m

4y 3m

ADNilWhilst 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.

Bombardieri

(20)

(2010) 203 A Crim R 89

s.52A(2)

(police pursuit)

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 oncoming 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)

[2011] NSWCCA 290

s.52A(2)PG

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)

[2012] NSWCCA 2

s.52A(2)

(under influence drugs and alcohol)

 

s.52A(4)

PG

(15-20%)

4y

NPP 3y

 

Total:

5y

NPP 3y 9m

Crown ADMultiple 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 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

[2012] NSWCCA 226

s.52A(2)

(PCA)

PG

(25%)

4y

NPP 2y 6m

ADPrior conviction for drink drivingStruck power pole and passenger killed – half-brother – intoxicated – drinking at party

Williams

[2012] NSWCCA 286

s.52A(2)

(PCA)

 

s.52A(4)

 

Fail to appear

VG

8y

NPP 4y

ADLengthy

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 offender's driving.

Aboriginal female – difficult background.

Wright

(43)

[2013] NSWCCA 82

s.52A(2)

(speed / PCA)

 

s 52A(4)

PG

(25%)

9y 6m

NPP 5y 9m

ADDriving offences

Drove vehicle at an extreme speed (45kph above speed limit) along major highway for 38½ kilometres  - substantially impaired by alcohol – driving witnessed by several motorists - 16y male passenger killed – 14y female passenger injured - disgracefully irresponsible conduct - close to worst type of offence - moral culpability high.

Mental illness.

Elkassir

(20)

[2013] NSWCCA 181

s.52A(2)

(speed)

PG

(20%)

3y

NPP 12m

Crown ADTraffic offences

Drove at extreme speed trying to race another vehicle – exceeded speed limit by more than 45 kph – killed close friend/passenger

Good character – hard-working – supportive family – remorse - mental condition 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 offences

Green 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 SMV

 

Sched:

Fail to stop, Possess proh drug x 2

PG

(25% on appeal)

10y

NPP 7y

 

 

FT 2y

 

Agg:

11y

NPP 8y

AA

8y 3m

NPP 5y

 

1y 9m

 

Agg

8y 9m

NPP 5y 6m

Armed robbery, steal dwelling house, possess drugs, assault

Stole vehicle - drove to collect acquaintance and purchase cannabis – negotiating bend at speed in excess of 20km/h over speed limit lost control of vehicle - collided with pedestrian on nature strip – Ran away without assisting V who later died of injuries - upper range objective seriousness – high moral culpability - driving manual car of 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

Last Updated: 22/5/2017

 

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