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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 - Dangerous Causing GBH: s.52A(3)

(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.

Max penalty:  7 years  

CASE

(age if known)

OFFENCEPLEASENTENCEAPPEALRECORDFACTS

Smith

NSWCCA

4.3.1998

2 x s.52A(3)

 

Sched:

2 x s.52A(3)

PG

MT 2y 3m

AT 9m

ADEarly juvenile record but since 'turned life around'

Overtook car across unbroken line on crest - collided with on-coming car - in country on dark, rainy, wet, very windy night - no alcohol / drugs or excessive speed.

Aboriginal with good character

Pine

(49)

NSWCCA

4.3.1998

3 x s.52A(3)

 

Sched:

Drive unlicensed

PG

MT 2y

AT 18m

ADPCA – assault - 6 x drive while disq

Argument with wife in car - veered to left, mounted kerb and struck a tree - alcohol reading:  0.149.

Serious medical problems with life expectancy 5-7 years - alcohol problems.

 

 

 

Cases post-Jurisic 12.10.98 (Guideline Judgment)

CASE

(age if known)

OFFENCEPLEASENTENCEAPPEALRECORDFACTS

Jurisic

(1998) 101 A Crim R 529

3 x s.52A(3)PG

Home Det

18m

2y GBB

Crown AA

MT 1y

AT 1y

(Backdated to commence date of original sentence)

Four driving related offences; many traffic offences

Driving along Warringah Freeway mid-afternoon - mounted kerb and hit wall - crossed back across six lanes, crossed median strip, entered oncoming traffic and hit V's car - father and two children injured - 0.05mg of cocaine in blood.

Married, expecting child at time of offence.

Pyritz

(52)

NSW CCA 23.11.1998

s.52A(3)VG

2y PD

Disq 12m

AA

Fine $1000

Exceptional circumstances.

Nil - minor traffic in long history of driving.

Female drove through intersection colliding with car - passenger injured - "Momentarily preoccupied", "careless as distinct from deliberate," "slightly more serious than momentary inattention" - intersection very dangerous - view obstructed - lower end of scale of seriousness

Excellent character

Fresh evidence on appeal - hormonal imbalance.

Austin

(31)

[1999] NSWCCA 101

4 x s.52A(3)PG

MT 3y

AT 1y

(concurrent)

ADBad driving record including speeding, dangerous and negligent driving, unlicensedCrossed double yellow lines at high speed on left-hand bend to overtake vehicle - lost control colliding with oncoming vehicle - injured driver and two passengers in other vehicle as well as own passenger.

Scott

(26)

[1999] NSWCCA 233

s.52A(3)PG

MT 2y

AT 2y

AD

negligent driving /

fail to stop / exceed speed

Intoxicated (alcohol 0.160) - drove at high speed weaving through traffic and tailgating - clipped back of another car which veered onto wrong side of the road colliding with oncoming vehicle - "Not far removed from worst case."

Gleeson

(25)

[2000] NSWCCA 101

2 x s.52A(3)PG

MT 18m

AT 6m

AD2 x low PCALost control of car and drove into on-coming vehicle - excessive speed, intoxication and poor condition of tyres - intoxication just under s.52A(4) level – victim suffered serious orthopaedic injuries and head injuries.

Ardron

(21)

[2000] NSWCCA 412

s.52A(3)

 

Sched:

Unlic driving

Self admin marijuana

PG

MT 1y 4m

AT 1y 4m

ADnil

Female - Driving fast and intoxicated lost control around a bend and injured passenger in back seat.

Contrition - prior good character - efforts at rehabilitation.

Beckett

(18)

[2000] NSWCCA 424

s.52A(3)(c)PG

2y

NPP 12m

ADLicence suspended due to poor driving subsequent to accident

Struck 4y child causing brain damage and quadriplegia - combination of factors constituted dangerous driving over crest in road, momentarily blocking view of road ahead - went beyond momentary or casual lapse of attention.

Good character - catastrophic effect of accident on offender

Vitasovic

(27)

[2000] NSWCCA 323

s.52A(3)PG

MT 22.5m

AT 7.5m

AA

error in characterising offence as "sustained course of dangerous driving"

2y

NPP 12m

nil - speeding offences

Collided with car at intersection after applying brakes and skidding for 33 metres - child in other car suffered brain damage as result of collision - speeding (90kph in 60kph zone)

Strong subjective case - genuine remorse - psychological problems making him vulnerable in gaol.

Romanic

(50)

[2000] NSWCCA 524

s.52A(3)PG

22m

NPP 18m

PD

Crown AA

12m

NPP 9m

nil - six traffic infringements

Intoxicated and collided with car on opposite side of road injuring driver and passenger.

Good subjective features;

Kilborn

(28)

[2001] NSWCCA 116

s.52A(3)(a)PG

3y

NPP 2y

AA

2y 6m

NPP 15m

driving record not good but not so bad as to preclude leniency

Intoxicated struck taxi driver standing next to taxi on road - car out of control and struck two other cars injuring drivers - first victim suffered permanent brain damage - abandonment of responsibility- not gross but appreciable.

Difficult childhood - high degree of remorse - concern for safety in custody - importance of rehabilitation - fragile psychological state.

Park

[2001] NSWCCA 313

2 x s.52A(3) PG

2y

NPP 1y

(concurrent)

ADnilAlcohol range 0.148-0.170 - collided with another car then tree - two passengers in appellant's car injured.

Kaddour

[2002] NSWCCA 112

s.52A(3)VG

6y

NPP 4y 6m

AA

4y

NPP 3y 3m

bad traffic record - repeated speeding offences - unlicensedDriving in Lamborghini - crossed median strip and collided with on-coming traffic - speeding - no alcohol or drugs

Cook

(21)

[2002] NSWCCA 140

s.52A(3)

PG

(17%)

22m

NPP 12m

ADnil

Collided with rear of another vehicle, resulting in severe injuries (brain damage and permanent disability) to other driver - excessive speed - left scene of accident but surrendered to police next day

Remorse - good work history - settled family life.

Burke

(19)

[2002] NSWCCA 456

s.52A(3)

PG

(17%)

18m

NPP 13m 2w

ADno criminal or traffic record

Learner driver in car without licensed driver - intoxicated and speeding - Lost control of car - Wet road - Passenger badly injured - Serious culpability

Remorse and contrition - Evidence of prior good character

Shannon

(47)

[2003] NSWCCA 106

2 x s.52A(3)

 

Sched:

Drive under influ of drug

Drive while disqualified

PG

18m

NPP 9m

(concurrent)

Crown ADminor traffic record

Female - Veered to incorrect side of road and injured oncoming driver - 9 months later committed identical offence - on both occasions under influence of morphine and diazepam - On second occasion drove while licence suspended

Exceptional circumstances - physical and mental problems - Major depressive disorder - Prescribed medication

Collins

(29)

[2003] NSWCCA 244

s.52A(3)(c)

 

Sched:

Fail to stop

Drive disqual

PG

(20% on appeal)

4y 6m

NPP 3y 4.5m

AA

3y 3m

NPP 2y 3m

Appalling

Became involved in altercation with persons at party next door – Drove off in car and collided with water main – Turned around and drove at group – Collided with male breaking leg – "rage" incident

Protection

Royal

[2003] NSWCCA 275

s.52A(3)(c)

PG

(20%)

16m

NPP 4m

Crown AD

(discretion)

No prior criminal convictions – minor speeding matter

Female - Took high dose of amphetamines prior to driving – Micro sleep – Collided with on-coming vehicle – Total abandonment of responsibility

Severe mental and personality problems although limited relationship to offending

Clark

[2003] NSWCCA 288

s.52A(3)(c)PG2y PD

AA

18m, suspended

Minor traffic

Drove over pedestrian at street corner – Accelerated from stop – Failed to ensure pedestrian away from car – Momentary judgment

Carer of adult disabled child and wife – Exceptional community service – Exceptional impact on family

Brandt

[2004] NSWCCA 3

s.52A(3)

PG

(15%)

3y 6m

NPP 2y

ADNo criminal record – unlicensed driver

Ran over pedestrian at crossing – Drove through red light – Raining with poor visibility – did not stop and made false report – permanent and serious injuries

Difficult family life – family trauma at time of offence

Campton

(31)

[2004] NSWCCA 56

s.52A(3)

PG

(25%)

2y 6m

NPP 1y 6m

PD

Crown AD

(sentence inadequate but dismissed under exercise of discretion)

Poor driving record – includes criminal record for PCA

Drove through red light and collided with car – Driver injured – Intoxicated – Fled scene and lied about driving – Unlicensed – Car unregistered and uninsured

Evidence of rehabilitation – Delay in bringing appeal

Whelan

[2004] NSWCCA 379

s.52A(3)PG2y, suspended

Crown AD

AA

2y

NPP 12m

Suspended

Poor driving record

Riding motor bike collided with turning traffic – Pillion passenger injured – Unable to avoid collision – Very low culpability – Intoxication

Unlicensed, uninsured and unregistered – Remorse – Good character

Nilsson

(29)

[2005] NSWCCA 34

2 x s.52A(3)

PG

(25%)

5y

NPP 3y 9m

AA

4y 9m

NPP 3y 9m

Dishonesty and driving offences – breached bail and bondFailed to negotiate bend on busy road – crossed median strip and collided with oncoming traffic – injured driver and own passenger – under influence of drug – rohypnol and cannabis - unlicenced

Hicks

(33)

[2005] NSWCCA 90

2 x s.52A(3)(c)

 

Sched

Drive disq

PCA

PG

16m

NPP 12m

ADSome prior driving offences

Driving over 100km speed limit, car left road and collided with road signs before rolling onto side – 2 passengers injured and in critical condition – BAC 0.064 – no recollection of event

Alcohol and drugs – mental health problems – psychotic delusions – good prospects of rehabilitation

Dutton

(28)

[2005] NSWCCA 248

s.52A(3)(a)PG

2y

NPP 18m

Suspended

Crown AA

2y

NPP 15m

(PD)

MinorFemale drove intoxicated – sideswiped parked motor vehicle and passenger lost hand

Taylor

[2006] NSWCCA 7

s.52A(3)

PG

(20%)

2y

NPP 12m

AD 

Driver of wagon with trailer hit rear of car – car forced into pole causing serious injuries to driver - emotional turmoil, sleep deprivation, one beer, marijuana

Deep remorse

Ford

(20)

[2006] NSWCCA 9

2 x s.52A(3)PG

3y

NPP 2y 3m

AA

(only to restructure sentence – same effective sentence imposed)

Extensive record – breached bail and periodic detention – Poor traffic recordSpeeding – Overtook vehicles on crest across unbroken lines – collided oncoming vehicle – injured passenger and driver – angry at being overtaken by vehicles

Woodland

(22)

[2007] NSWCCA 29

s.52A(3)(c)

 

Drive intox

Drive unreg

Drive unlic

PG

(25%)

18m

NPP 9m

PD

($600 fine)

Crown AD

(exercise of discretion of court to dismiss appeal)

Nil – breached bail

After drinking at party borrowed car without asking to return to party – lost control and collided with tree – passenger injured

De facto partner with child – prospects of rehabilitation

Money

(57)

[2007] NSWCCA 317

s.52A(3)

PG

(15%)

4y 3m

NPP 2y 9m

ADNil - number of traffic matters.Whilst under influence of drugs drove erratically on Pacific Highway – missed a number of vehicles over 50km distance – drove on to wrong side of road causing collision - gross abandonment of responsibility – high level moral culpability.

Rosenthal

[2008] NSWCCA 149

s.52A(3)

 

 

Drive disqual

VG

3y 6m

NPP 2y 6m

 

FT 3m (concurrent)

AA

3y

NPP 1y 9m

On bail - disqualified driver – speeding – traffic - dishonesty.

Under influence of ecstasy - left road colliding with safety barriers – caused injuries to pregnant girlfriend travelling as passenger – unborn child did not survive – offender also seriously injured - used ecstasy to control Tourette's disorder – offence less serious than if drug consumed solely for pleasure.

Error in taking into account disqualified driver and on bail on question of "abandonment of responsibility."

Continued support from victim / partner.

Read

(20)

[2010] NSWCCA 78

2 x s.52A(3)

PG

(25%)

2y

NPP 12m

Periodic Detention

Crown AA

18m

NPP 14m

Nil - poor traffic record.

'Burnouts" in cul de sac outside party – hit two victims sitting by side of road.

Intoxicated – student.

AB

(44)

[2011] NSWCCA 229

3 x s.52A(3)

 

Take conveyance w/o consent

PG

(25%)

Total:

3y 7m

NPP 2y 1m

Crown AA

Total:

6y 7m

NPP 4y 9m

Drive manner dangerous - drive unlicensed - fail to stopThree victims were passengers in offender's vehicle – drinking – Speeding  on main road – Lost control, crossed to other side of road and collided into tree - never held driver's licence - disqualified driver at time of collision - high level of moral culpability -.15y victim rendered C2 tetraplegic – offender's 18y son lost arm and 15y son suffered multiple fractures.

Stanyard

(24)

[2013] NSWCCA 134

2 x s.52A(3)VG

5y 6m

NPP 3y 6m

ADTraffic infringements 4WD rolled after becoming airborne while driving over sand dune – two female passengers seriously injured – one passenger a tetraplegic – driving an approved activity – excessive speed – showing off – ignored warnings

Greaves

(21)

[2014] NSWCCA 194

s 52A(3)

 

s 166:

4 offences

PG

19m 17d

ICO

Crown AA

(only to increase disqualification period)

High range PCA, drive whilst suspended

Intoxicated – drove vehicle at excessive speed whilst carrying number of passengers – collided with oncoming vehicle – passenger thrown from vehicle – paraplegic.

Low IQ - personality defects and substance abuse problems - no evidence acted without appreciation of seriousness and wrongness of actions

Primmer

(19)

[2015] NSWCCA 155

s.52A(3)(c)

PG

(25%)

3y 6m

NPP 2y 6m

AA

3y

NPP 1y 7m

Driving offences

Drove car at excessive speed in residential area – lost control and collided with power pole – female passenger critically injured including irreversible brain damage – never held licence – some impairment due to drugs – car unregistered and uninsured – moral culpability high

Remorse – low intelligence

Kerr

[2016] NSWCCA 218

4 x s.52A(3)

 

3 x s.53

(injures by furious driving)

PG

(25%)

Aggregate:

2y 3m

NPP 18m

ADAffray - agg robbery - drive whilst disq - mid-range PCARan into back of group of seven cyclists - cyclists visible for distance of approximately 300m - did not slow down or take any action to avoid collision - driving at approximately 70km/h - inattentive for at least 17 seconds - Moral culpability above the lowest end.

Silvestri

(41)

[2016] NSWCCA 245

3 x s.52A(3)

PG

(25%)

8y

NPP 6y

AA

7y

NPP 5y

Minor

Overtook car on bridge and collided with oncoming car – driver and passengers in other car injured – pregnant passenger lost baby and unable to have future children – under influence of methamphetamines

Genuine remorse – good prospects of rehabiltation

Last Updated: 22/5/2017

 

 

 

 

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