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

Max penalty: 7 years

Case Offence Plea Sentence Appeal Record Facts

SMITH
NSW CCA 4.3.1998

2 x s.52A(3)

Sched:
2 x s.52A(3)

PG

MT 2y 3m
AT 9m

AD

early 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)
NSW CCA 4.3.1998

3 x s.52A(3)

Sched:
Drive unlicensed

PG

MT 2y
AT 18m

AD

PCA
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: life expectancy 5-7 years. Alcohol problems.

 


 

 

Cases post-R v Jurisic 12.10.98 (Guideline Judgment)
 

Case Offence Plea Sentence Appeal Record Facts

JURISIC)
(1998) 101 A Crim R 529

3 x s.52A(3)

PG

Home Det
18m
2y GBB
Disq 1y

Crown AA
MT 1y
AT 1y
(Backdated to commence date of original sentence)
Disq 2y

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. 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. Excellent character. Lower end of scale of seriousness. Fresh evidence on appeal - hormonal imbalance.

AUSTIN
(31)
NSW CCA 24.5.1999

4 x s.52A(3)

PG

MT 3y
AT 1y
(concurrent)

AD

Bad driving record including speeding, dangerous and negligent driving, unlicensed

Crossed 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)
NSW CCA
6.8.1999

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'.

McGUINESS
NSW CCA 17.9.1999

s.52A(3)

PG

MT 18m
AT 6m

AD

2 x low PCA

Whilst intoxicated (0.101) failed to negotiate bend in the road. Vehicle left the road and hit a tree resulting in injuries to passenger. Young offender. Remorse.

GLEESON
(25)
NSW CCA
20.3.2000

2 x s.52A(3)

PG

MT 18m
AT 6m
Disq 3y

AD

2 x low PCA

Lost control of car and drove into on-coming vehicle. Excessive speed, intoxication and poor condition of tyres. (Intoxication just under s.52A(4) level). V suffered serious orthopaedic injuries and head injuries.

ARDRON
(21)
NSW CCA [412]
11.10.2000

s.52A(3)

Sched:
Unlic driving
Self admin marijuana

PG

MT 1y 4m
AT 1y 4m

AD

nil

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)
NSW CCA [424]
13.10.2000

s.52A(3)

PG

2y
NPP 12m

AD

Licence suspended due to poor driving subsequent to accident

Driving in manner dangerous.
Struck 4y child causing brain damage and quadriplegia. Combination of factors constituted dangerous driving over a crest in road, momentarily blocking view of road ahead. Went beyond momentary or casual lapse of attention.
Good character. Catastrophic effect of accident on A..

VITASOVIC
(27)
NSW CCA [323]
23.10.2000

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 intersections 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)
NSW CCA [524]
28.11.2000

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)
NSW CCA [116]
30.3.2001

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
NSW CCA [313]
13.8.2001

2 x s.52A(3)

PG

2y
NPP 1y
(concurrent)

AD

nil

Alcohol range 0.148-0.170. Collided with another car then tree. Two passengers in appellant's car injured.

KADDOUR
NSW CCA [112]
5.4.2002

s.52A(3)

VG

6y
NPP 4y 6m

AA
4y
NPP 3y 3m

bad traffic record - repeated speeding offences - unlicensed

Driving in Lamborghini - crossed median strip and collided with on-coming traffic - speeding - no alcohol or drugs

COOK
(21)
NSW CCA [140]
24.4.2002

s.52A(3)

PG

22m
NPP 12m

AD

nil

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)
NSW CCA [456]
13.11.2002

s.52A(3)

PG

18m
NPP 13m 2w

AD

no 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)
NSW CCA [106]
17.4.2003

2 x s.52A(3)

Sched:
Drive under influ of drug
Drive while disqualified

PG

18m
NPP 9m
(concurrent)

Crown AD

minor 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 drive while licence suspended
Exceptional circumstances - physical and mental problems - Major depressive disorder - Prescribed medication

COLLINS
(29)
NSW CCA [244]
1.9.2003

s.52A(3)(c)

Sched:
Fail to stop
Drive disqual

PG

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
NSW CCA [275]
29.9.2003

s.52A(3)(c)

PG

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
NSW CCA [288]
6.8.2003

s.52A(3)(c)

PG

2y 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
NSW CCA [3]
3.2.2004

s.52A(3)

PG

3y 6m
NPP 2y

AD

No 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)
NSW CCA [56]
24.3.2004

s.52A(3)

PG

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
NSW CCA [379]
29.10.2004

s.52A(3)

PG

2y, 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)
NSW CCA [34]
18.2.2005

2 x s.52A(3)

PG

5y
NPP 3y 9m

AA
4y 9m
NPP 3y 9m

Dishonesty and driving offences - breached bail and bond

Failed 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)
NSWCCA [90]
15.3.2005

2 x s52A(3)(c)

Sched
1 x drive disq
1 x LRPCA

PG

16m
NPP 12m
3y lic disq

AD

Some prior driving offences

Driving over the 100 km speed limit, car left the road and collided with road signs before rolling onto side - 2 passengers injured and in critical condition - BAC 0.064 - A no recollection of event
Alcohol and drugs - MH problems - psychotic delusions - good prospects of rehabilitation

DUTTON
(28)
NSW CCA [248]
20.7.2005

s.52A(3)(a)

PG

2y
NPP 18m
Suspended

Crown AA
2y
NPP 15m
(PD)

Minor

Female drove intoxicated - sideswiped parked motor vehicle and passenger lost hand

FORD
(20)
NSW CCA [9]
7.2.2006

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

PG

3y
NPP 2y 3m

AA
(only to restructure sentence - same effective sentence imposed)

Extensive record - breached bail and periodic detention - Poor traffic record

Speeding - Overtook vehicles on crest across unbroken lines - collided on coming vehicle - injured passenger and driver - angry at being overtaken by vehicles

TAYLOR
NSW CCA [7]
3.2.2006

s.52A(3)

PG

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

WOODLAND
(22)
NSW CCA [29]
14.2.2007

s.52A(3)(c)
Drive intox
Dribe unreg
Drive unlic

PG

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)
NSW CCA [317]
19.11.2007

s. 52A(3)

PG

4y 3m
NPP 2y 9m

AD

Nil. 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
NSW CCA [149]
2.7.2008

s.52A(3)

PG

3y 6m
NPP 2y 6m

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 - their unborn child did not survive - A also seriously injured.
A's ecstasy use to control Tourette's disorder - offence less serious than if drug consumed solely for pleasure.
SJ erred in taking into account A was disqualified driver and on bail on question of 'abandonment of responsibility'.
Continued support from victim / partner.

Read
(20)
NSW CCA [78]
3.5.2010

2 x s.52A(3)

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)

NSW CCA [229]
16.8.2011

3 x s.52A(3) Take conveyance w/o consent

PG

Total:
3y 7m
NPP 2y 1m

Crown AA
Total:
6y 7m
NPP 4y 9m

Drive manner dangerous; Drive unlicensed; Fail to stop

Three victims were passengers in A’s vehicle – A had been drinking – Speeding on main road – Lost control and vehicle crossed to other side of road and collided into tree - A had never held driver's licence - disqualified driver at time of collision - high level of moral culpability -.15-year old victim rendered a C2 tetraplegic – A’s 18-year old son loses arm – A’s 15-year old son suffers multiple fractures.

Stanyard

(24)

[2013] NSWCCA 134

5.6.2013

2 x s.52A(3)

VG

5y 6m NPP 3y 6m

AD

Traffic 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 – s 10A and disqualified from driving for 2 years

​PG​19m 17d  Intensive Correction Order​Crown AA only as concerns the imposition of a disqualification period – 3 year period imposed instead of 2 year period.​High range PCA, drive whilst suspendedIntoxicated – 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 - but no evidence A acted without an appreciation of the 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 offencesDrove car at excessive speed in residential area – lost control and collided with power pole – female passenger critically injured including irreversible brain damage – never held a licence – some impairment due to drugs – car unregistered and uninsured – moral culpability high

Remorse – low intelligence


 

District Court Cases

Case Offence Plea Sentence Appeal Record Facts

Addison - Jamieson
(18)
NSWDC [280]
Nicholson SC DCJ
16.11.2007

s.52A(3)

PG

2y 15d
NPP 16m

Charged in days before offence with driving unaccompanied and not displaying L-plates

L-plater speeding and showing off over a crest - airborne and lost control - passenger suffering sever and permanent spinal injuries
Deceived parents and grandmother about having licence - difficult personal background - carer for mother and grandmother - no other carer available - profound remorse

Charters
(21)
NSWDC [258]
Berman SC DCJ
15.8.2008

3 x s.52A(3)

PG

2y 6m
NPP 18m

nil

Under influence of ecstasy tab from previous night (driving in evening) - lost control on bend and drove onto wrong side of road - collided head on with car - 2 passengers and driver badly injured - high moral culpability
Generally good character - regular drug user - remorse - good prospects of rehabilitation

Grady
(19)
NSWDC [202]
Cogswell SC DCJ
1.5.2009

s.52A(3)

PG

16m
NPP 6m

Nil

Veered on to wrong side of road while talking to passenger - head on collision over crest - passenger of own car injured having removed seat belt to retrieve object from floor - mid-range injuries - blood alcohol reading high
Mother to young daughter