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 Death: s.52A(1)  

Max penalty: 10 years

Case Offence Plea Sentence Appeal Record Facts

NGO
NSW CCA 15.11.1996

s.52A(1)

Sched:
Unlicensed driver
Possess heroin

PG

MT 12m
AT 4m

Crown AD

bad

Struck pedestrian / cyclist at pedestrian crossing. Failure to keep proper lookout. Excessive speed for circumstances, but not above speed limit. Fled scene but later contacted police.

GORE
(24)
NSW CCA 27.11.1996

s.52A(1)

PG

MT 4y
AT 2y

AD

drugs, disqualified driver at time of offence.

Driving on wrong side of road at high speed. Struck deceased. Affected by alcohol and heroin.
Contrition.

SELLERS
(60)
(1997) 92 A Crim R 381

s.52A(1)(a)

PG

MT 1y
AT 2y

Crown AA
MT 3y
AT 2y

DUI, restricted licence at time of offence.

Drove aggressively in car park. Drove into D’s car. D struck and dragged for fifteen metres. Drove off at high speed on wrong side of road and collided with bus.
Alcohol reading: .145 - .150.

MEEHAN
NSW CCA 8.4.1997

s.52A(1)(c)

PG

MT 3y
AT 1y

AD

 

Ran over wife on bush track. Driving into sun affected vision. Judgement affected by alcohol. Car “spectacularly unroadworthy”.
Suffering genuine grief.

MASELLA
(41)
NSW CCA 14.5.1997

s.52A(1)
s.52A(3)

Sched:
unregistered car
unlicensed driver

PG

MT 3y
AT 1y
FT 2y (concurrent)

AD

drugs

With girlfriend and daughter driving to Queensland. Collided with oncoming semi-trailer whilst overtaking. Killed girlfriend & injured daughter. Affected by amphetamines.

SMITH
(18)
95 A Crim R 373

s.52A(1)

PG

Home Detn
MT 6m
AT 2m

Crown AA
Home Detn
MT 12m
AT 4m

nil

Lost control of car running into tree. Killed friend who was passenger. Impaired by cannabis. Driving at excessive speed.

SLUKA
NSW CCA 28.7.1997

4 x s.52A(1)(c)

PG

MT 3y 6m
AT 2y 6m

AD

good character.

Truck driver drove onto wrong side of road at high speed. Collided with oncoming car killing 4 occupants. Affected by amphetamines. Prior to accident had been veering onto wrong side of road.

TAPFIELD
(27)
NSW CCA 30.7.1997

s.52A(1)(a)

Sched:
Fail to stop
Drive whilst disq.

PG

MT 1y
AT 9m
LC disq 3yrs

Crown AA
MT 1y 9m
AT 1y 3m
LC disq 3 yrs

bad driving record: mid-range PCA. Disq at time of offence.
Dishonesty & drugs - prison.

Drove into breakdown lane hitting cyclist. Failed to stop. Pursued by truck drivers. Took heroin after starting to drive knowing would be driving for long period.

PELLOW
(21)
NSW CCA 1.8.1997

s.52A(1)
s.52A(3)

PG

500 hrs CSO
LC disq 5yrs.

Crown AA
PD 12mths
LC disq 5 yrs.

Nil

Fell asleep at wheel. Crossed to wrong side of road. Collided with victims’ car. Shift worker who had not slept for 24 hrs. Strong subjective features.

MARLIN
(34)
NSW CCA 10.9.1997

2 x s.52A(1)(c)

PG

CSO 200 hrs. LC disq 12m

Crown AD
“Facts were of a kind rarely seen from which a sentencing pattern could be discerned.”

Nil

Driving in paddock with friend and young daughter. No seatbelts and no roof on 4WD. Deliberately making car skid. Hit hummock and passengers thrown out. Car rolled and killed both.
Suffering deep remorse, especially from death of daughter.

PATTENDEN
NSW CCA
1.10.1997

s.52A(1)
s.52A(3)

PG

MT 2y
AT 3y
(concurrent sentence)

AD

 

Veered onto wrong side of road. Head-on collision with elderly couple’s car. Drug addict. Affected by heroin & alcohol.
SJ had taken into account hardship to third party - 8y son

MUSUMECI
(22)
NSW CCA
30.10.1997

s.52A(1)

PG

15m PD.
LC disq 3 yrs

Crown AA
MT 8m
AT 7m
(take into account 4m PD)
LC disq 3 yrs

minor speed offence

Tow truck driver collided with victim’s car at excessive speed. Mounted kerb and crashed into shop, killing proprietor. Drove heavy vehicle in busy shopping area where 2 of 3 lanes blocked, restricted vision and at excessive speed. Previously had run red light.
Good character.

FULLER
(24)
NSW CCA
4.3.1998

s.52A(1)

Sched:
s.52A(3)

PG

MT 3y
AT 2y

AA
MT 2y
AT 3y

minor criminal and traffic record

Drove small lorry as work car. After drinking at hotel drove two friends. Veered on to median strip, back across road and collided with tree. Lorry slid on roof. Passenger in tray killed. Passenger in cab injured. Alcohol reading: .176.

ROMANOV
(26)
NSW CCA
26.6.1998

s.52A(1)(a)

PG

MT 18m
AT 18m

AD

minor

Driving down King St, Newtown, braked suddenly and mounted kerb. Killed pedestrian and crashed into shop. Alcohol reading: .125 - .140

LEMOTO
(18)
NSW CCA
24.7.1998

2 x s.52A(1)

VG

500hrs CSO
3y disq

Crown AA
PD 2y 6m

nil
on provisional licence (age)

Driving down dark road after dark and knew headlights failing. Continued to drive and failed to see pedestrians crossing road. Both killed.

THACKRAY
NSW CCA
19.8.1998

s.52A(1)

PG

Home Detention 18m

Crown AA
MT 3y
AT 1y

high range PCA (1991)

Intoxicated (0.127-0.387). Crashed into cars in one street and continued driving. Kept driving although air bag expanded. Collided with car at intersection and killed driver. Excellent character.

 

 

 

Cases post-R v Jurisic 12.10.98 (Guideline Judgment)

Case Offence Plea Sentence Appeal Record Facts
Comber
(32)
NSW CCA
11.11.1998
s.52A(1)
s.52A(3)
PG MT 22m
AT 20m
FT 22m
(concurrent)
Disq 5yrs

30% discount assistance.
AD nil Female drove friend and two children to service station. Friend obtained heroin and both injected. Not habitual user and did not expect reaction. Crashed into tree killing one child and injuring the other. Amphetamine user. Genuine remorse.
Hill
NSW CCA 4.12.1998
s.52A(1)

Sched:
drive whilst disq
PG MT 3y
AT 3y
AA
MT 2y
AT 2y 6m
Disq driver for high PCA Driving with friend in country. Drinking all evening (alcohol 0.113) and speeding (139-149 kph in 110 zone). Lost control on bend and rolled car. Passenger killed instantly. Medium to upper range seriousness.
Douglas
(27)
NSW CCA
11.12.1998
2 x s.52A(1) PG 12m PD Crown AA
MT 18m
AT 18m
Nil - good traffic record for truck driver. Professional truck driver. Drove into back of car killing two passengers. Failure to keep proper lookout. Affected by drugs (amphetamines) and fatigue. Genuine remorse.
Howland
(22)
NSW CCA 24.2.1999
s.52A(1) VG 1y 6m PD Crown AA
MT 9m
AT 9m
nil Drove truck around vehicle which had stopped at intersection against amber light. Collided with driver of motor cycle crossing intersection. Deliberate conduct taking calculated risk. No “abandonment of responsibility” as per Jurisic.
Mansour
(40)
NSW CCA 25.6.1999
s.52A(1) PG MT 2y
AT 2y
AA
MT 1y
AT 1y
Nil Female - Driving at high speed overtaking other vehicles. Crossed onto wrong side of road colliding with oncoming vehicle. No traffic infringements over 23 years. Remorse, shock.
Menzies
(28)
NSW CCA 2.8.1999
s.52A(1) VG Home Detention
MT 12m
AT 6m
Crown AD disobey traffic lights, speeding, unlicensed driver, PCA Struck pedestrian at pedestrian crossing. Driving in excess of 70kph. Failure to keep proper lookout.
CCA applied Jurisic (full-time custody should have been imposed) but declined to intervene as Home Detention order almost finished.
Wells
(23)
NSW CCA 4.8.1999
s.52A(1)

Sched:
4 x BE&S
PG MT 4y
AT 2y
AD driving record Under influence of drugs. Erratic driving. Drove onto median strip trying to overtake traffic. Lost control and went across two lanes of traffic. Hit by a truck and went through gap in concrete barrier killing victim working behind barrier.
Tomson
NSW CCA 11.8.1999
s.52A(1) PG 3y GBB
Disq 6m
(Sentence details from JIRS case summary).
Crown AD nil Crossed double yellow lines to overtake slow vehicle. Collided with oncoming car. De facto wife killed. Excellent character and driving record. Remorse. “Momentary reckless error of judgment” not ‘momentary inattention’ or ‘abandonment of responsibility’.
Everett
NSW CCA [467]
21.2.2000
2 x s.52A(1)

Sched:
unlic driver
self admin drug
PG MT 2y
AT 2y
AD minor drug offences, driving offences including unlicensed driver Female - Lost control of car and collided with sign killing husband and 2y son. Under influence of morphine and cannabis within toxic to lethal range.
Drug addiction - hardship to family (4y daughter survived.)
Khatter
(30)
NSW CCA [32]
29.2.2000
s.52A(1) PG 2y PD Crown AA
FT 3m (to date from appeal judgment taking into account PD partly served)
nil Drove intoxicated at insistence of best friend. Lost control of car and friend killed instantly. Speeding and 0.099g alcohol per 100ml blood.
Refugee status from India.
Davies
NSW CCA [84]
4.4.2000
s.52A(1) VG MT 18m
AT 18m
AD poor driving record Ran red light and struck pedestrian crossing road. Conduct fell in middle ground - not momentary inattention but also abandonment of responsibility.
Remorse. Delay. Will find prison particularly difficult. Impact of accident on life.
Katoa
NSW CCA [223]
2.6.2000
s.51A(1) PG MT 8m
AT 10m
AA
18m PD
Female - Collided with motor cycle making right hand turn and killed cyclist. Failed to stop and ensure roadway clear before making turn- more than momentary inattention. Towards bottom end of offences.
Substantial and compelling subjective case.
Dhanhoa
(21)
NSW CCA [257]
20.7.2000
s.51A(1) PG MT 12m
AT 2y
Crown AD prior convictions for PCA and drive unlicensed. Lost control of car which crashed and fire - female passenger incinerated. Intoxicated with blood alcohol reading between 0.144 and 0.233 -unlicensed.
Psychological and physical effect of offence - difficult family life.
Bailey
(31)
NSW CCA [10]
14.2.2001
s.51A(1) VG MT 3y
AT 1y
AA
3y
NPP 2y
serious prior convictions - appalling driving record Collided with female pedestrian while riding motor cycle - Dangerous driving constituted by overtaking bus while it was pulling out, failing to keep proper lookout and failing to brake in time. Did not abandon responsibility for manner of driving.
Hemsworth
(22)
NSW CCA [86]
21.3.2001
s.51A(1) VG MT 3y
AT 2y
AD driving record not good Driving closely behind utility on main road. Utility forced to brake sharply for parked car and appellant lost control, crossing to wrong side of road and killing girlfriend in his car. Excessive speed, erratic driving and affected by cannabis. Abandonment of responsibility as a result of multiple factors.
Appellant seriously and permanently injured in accident - change of lifestyle - remorse - good character - loss of girlfriend
Begbie
(17)
NSW CCA [206]
3.5.2001
s.51A(1)(a) PG Home detention
18m
NPP 6m
Crown AA
2y 9m PD
nil priors Fell asleep at wheel in early morning, crossed median strip and collided with on coming car killing driver. Affected by alcohol at time (0.1-0.113g).
Excellent subjective features.
Foster
NSW CCA [215]
28.5.2001
s.51A(1)(c) PG (15%)22m suspended sentence Crown AD nil relevant Lost control of car driving over bridge in country and colliding with railing. Passenger not wearing seat belt and flung from car.
Had been drinking earlier in evening not relevant to incident. Driving at higher than suggested 60 kph over bridge (probably around 70-80 kph). Did not amount to abandonment of responsibility - momentary reckless error of judgement.
Lost close friend - good subjective features.
Dunlop
NSW CCA [435]
16.11.2001
s.51A(1)
s.51A(3)
PG 3y
NPP 12m
PD (concurrent)
Crown AA
3y
NPP 2y
PD (concurrent)
nil - minor traffic matters Drove next morning after night of drinking - 0.126 blood alcohol level - swerved into lane and collided with oncoming traffic - killed 11y passenger in other car and injured self and driver - attempted to rescue despite suffering injuries - probably fell asleep - no abandonment of responsibility but moral culpability still high because of alcohol.
Remorse - good character - judge erred in finding special circumstances.
Oddie
NSW CCA [524]
12.12.2001
s.52A(1)(c)
2 x s.52A (3)(c)
VG 2y
NPP 12m
AA
16m
NPP 8m
mal dam; assault Crossed over median strip onto wrong side of road killing one person and injuring two others (one a 10y child) in oncoming vehicle.
SJ erred in not identifying culpable conduct. Strong subjective features.
Meyers
(21)
NSW CCA [116]
20.3.2002
s.52A(1)(c) VG 4y
NPP 2y
AD driving Driving for prolonged period on wrong side of road. Approaching crest of hill collided with oncoming motorcyclist. Special circumstances youth and rehabilitation.
O’Dea
(29)
NSW CCA [91]
22.3.2002
3 x s.52A(1) PG 6y
NPP 3y 5m
AD Female drove 5 friends in car after night of drinking at hotel - Lost control of car and collided with pole - 3 passengers killed - Also affected by cannabis - Gross abandonment of responsibility
Unlicensed driver - Remorse - 2 young sons - Daughter born in custody
Y
(17y 3m)
NSW CCA [191]
16.5.2002
s.52A(1)
s.52A(3)
PG 2y suspended
18m suspended
(concurrent)
Crown AD nil Provisional driver attempted to overtake truck across unbroken lines - Collided with oncoming car - Slightly in excess of speed limit - No alcohol or drugs - Error of judgement based on inexperience - Not abandonment of responsibility
7 month delay in Crown appeal - School boy driving home from part time work - Prior good character - Provisional licence for 6w
Bishop
(21)
NSW CCA [263]
21.6.2002
3 x s.52A(1)
2 x s.52A(3)
VG 6y
NPP 3y
4y
NPP 2y
(concurrent)
AD traffic offences Collided with car turning right at intersection - Speeding above 100kph in 80kph zone - Middle range - Acquitted of more serious aggravated offences
Good work record - Good character - Young daughter - Football career finished - Genuine contrition - Devastated by accident
Forsyth
(25)
NSW CCA [393]
23.9.2002
s.52A(1) PG 3y 6m
NPP 2y 6m
AA
3y 6m
NPP 2y 3m
traffic offences Driving too fast in car after night at hotel - Ignored warnings to moderate driving throughout evening - Lost control and left road - Back seat passenger killed - Initially lied to police - Not satisfied above PCA
Truck driver - Depression since accident - Father to 4y daughter - failure to reflect finding of special circumstances
Clampill-Wotton
(34)
NSW CCA [383]
30.10.2002
2 x s.52A(1)(c)
2 x s.52A(3)(c)
VG 2y
NPP 12m
FT 6m
(concurrent)
Crown AA
4y
NPP 2y
no priors - minor traffic record Driver of heavy truck collided with car - 2 children killed and 2 children injured - Failure to keep proper lookout - Looking at something in truck - Calculated risk
Remorse - Psychological effect of accident - Effect on family
Christoff
(25)
NSW CCA [52]
17.3.2003
s.52A(1)(c) VG 3y 8m
NPP 2y 9m
AD lengthy record for dishonesty and driving offences Lost control of car while driving on country road - Travelling 100kph in 80kph zone - Turned attention from road - Abandonment of responsibility - Killed de facto passenger
Remorse - Did not see speed sign - Record an aggravating feature
Hobday
(21)
NSW CCA [345]
19.11.2003
s.52A(1)(a) PG 5y
NPP 3y
AA
4y
NPP 1y 9m
No prior criminal convictions – minor traffic matters Intoxicated – Speeding in heavy rain – Lost control of car and crashed into tree – Killed de facto
Genuine contrition
Besant
NSW CCA [388]
5.12.2003
2 x s.52A(1)(c) PG 6y
NPP 4y
AA
6y
NPP 3y 6m
Bad driving record Truck driver suffering fatigue – Fell asleep at wheel, crossed over to wrong side of road – Caused death of two passengers travelling in oncoming vehicle - Erratic driving over 50kms in heavy rain prior to fatal accident – Evidence of amphetamine use.
Appeal allowed on special circumstances – First time in custody, suffering depression.
Dandachli
NSW CCA [100]
16.4.2004
s.52A(1)
s.52A(3)
PG (20%)4y
NPP 3y
FT 3y (conc)
AD Bad driving record Drove erratically and aggressively at high speed (150kmh) with four passengers who repeatedly asked A to slow down – Collided with two parked trucks in breakdown lane injuring one passenger and killing another.
Prior good character – University student.
Sullivan
(37)
NSW CCA [99]
19.5.2004

s.52A(1)

 

PG 3y 6m
NPP 18m
AD Minor While intoxicated from drinking night before drove in dangerous manner down residential streets to collect methadone – Struck and killed pedestrian – high moral culpability
Dysfunctional family – Major depressive disorder – Evidence of rehabilitation
Melas
(23)
NSWCCA [198]
17.6.2004
s.52A(1) PG 3y
NPP 15m
AD Nil Offender drove 90-100 kph through a pedestrian refuge killing a 17 year-old cyclist – sunny day, clear conditions
Price
(21)
NSW CCA [186]
3.9.2004
2 x s52A(1)(a) VG 2y
NPP 12m
Crown AA
3y
NPP 12m
Nil Lost control of car on bend and collided with tree killing two passengers – Intoxicated and excessive speed
Failure to accept responsibility – Prior good character – PTSD - delay
Koosmen
(33)
NSW CCA [359]
30.9.2004
s.52A(1)

Sched:
2 lesser offences

PG (25%)

5y
NPP 2y 6m
AD Traffic and criminal record although gap Driving while intoxicated – Excessive speed and driving on wrong side of road – Lost control and collided with sign – Passenger killed
Killed best friend – Suffering depression and PTSD – Father and carer of three young boys
Gardiner
(39)
NSW CCA [365]
20.10.2004
s.52A(1)(a) VG 4y
NPP 2y 6m
AD No criminal record – traffic record not bad Driving truck – collided with utility from behind killing driver – methylamphetamine in blood stream – high degree of moral culpability
Commercial truck driver – serious medical problems – remorse - family
Vale
(40)
NSW CCA [469]
20.12.2004
s.52A(1)

PG (25%)

5y
NPP 2y 6m
5y lic disq
AA
4y 3m
NPP 2y
5 y lic disq
Number of driving offences, inc DUI over 10y ago While unlicensed drove station wagon with 5 passengers after drinking – Lost control and passenger ejected and killed – Went to get help – BAC over .140, probably around .2, and THC levels
Extremely remorseful - Unemployed – Aboriginal – extremely deprived and alcoholic background – illiterate – supportive family
Tzanis
(18)
NSW CCA [274]
4.8.2005
s.52A(1)(c)
s.52A(3)(c)
PG 5y
NPP 3y
FT 18m
(concurrent)
AA
3y 6m
NPP 2y
Total
4y
NPP 2y 6m
nil Intoxicated (high portion of mid-range) – Collided with power pole – dangerous driving – passenger killed – passenger seriously injured – high moral culpability
Voluntary return from Greece – high level contrition – high prospects of rehabilitation
Janceski
(21)
NSW CCA [288]
18.8.2005
2 x s.52A(1)(c) VG 2y
NPP 12m
Crown AA
5y
NPP 3y
Bad traffic record - BES Upon spotting friend’s stolen car threatened occupants with metal car lock – pursued car over substantial distance at high speed and against advice – driver of pursued car lost control and collided with pole
Errington
(49)
NSW CCA [348]
19.10.2005
s.52A(1)
s.52A(3)

PG (25%)

2y 9m
NPP 1y 6m
AD Nil relevant – excellent traffic record Driving prime mover collided into back of stationary car at traffic lights – No speed or drugs – No explanation – Many vehicle affected
Good character – Post traumatic stress disorder as result of offence – Remorse
Docker
(41)
NSW CCA [425]
8.12.2005
s.52A(1)
s.52A(3)
VG 6y 8m
NPP 5y
AA
6y
NPP 4y 6m
Poor record Drug affected – Car drifted outside lane and struck car – Car forced into pole killing driver and passenger - Period of erratic driving – Failure to stop
Drug addict
Gobbett
(24)
NSW CCA [46]
8.3.2006
2 x s.52A(1)
s.52A(3)

Early PG (25%)

6y
NPP 4y
AA
(same effective sentence)
Record – no relevant convictions Speeding on highway and overtaking on breakdown lane – lost control and collided with oncoming vehicle – fiancée and child killed – driver in oncoming vehicle seriously injured
Remorse – evidence of rehabilitation
Richards
NSW CCA [262]
23.8.2006
s.52A(1)
3 x s.52A(3)
s.314 (make false accusation)
PG Driving off:
4y 4m
NPP 3y

Total:
5y 4m
NPP 4y
AA
Same effective sentence imposed
Includes speeding offences Collided with on-coming car while overtaking on country road – killed driver and severally injured passengers – lied to police as to driver of car
Samadi
(31)
NSW CCA [308]
22.9.2006
s.52A(1) VG 2y
NPP 6m
Crown AA
2y 6m
NPP 12m
Nil Driver on learner’s permit drove unsupervised in strange car – turned corner and attempted to park under excessive speed – mounted kerb, struck 7y and collided heavily with parked cars – abandonment of responsibility
Afghan refugee – isolated – poor mental health - remorse
Gillett
(49)
NSW CCA [370]
24.11.2006
3 x s.52A(1)(c) VG 7y
NPP 5y 3m
AD Nil Driver had epileptic fit and lost control of car – collided with three cars – forced on car into path of 4WD killing three occupants – aware of danger of epilepsy – ignored medical warnings and previous accident – complicated by sleep apnoea – lied repeatedly to RTA – high moral culpability
Morabito
(67)
NSW CCA [126]
20.4.2007
3 x s.52A(1)
52A(3)
VG 3y 3m
NPP 15m
AD Speeding Truck driver failed to stop for stationary car waiting to turn right – inattention over several seconds – no fatigue or intoxication – towards lower end of scale of seriousness
Remorse – good character – serious depression resulting from collision
Pisciuneri
(48)
NSW CCA [265]
5.9.2007
52A(1)(c) VG Home Detention
1y 4m
NPP 8m
Crown AD Lost control of vehicle colliding with victim’s oncoming vehicle – lower end of range of seriousness – “little more than momentary inattention or misjudgement” – good character - family and successful business – strong subjective circumstances.
Markham
(31)
NSW CCA 295
13.11.2007
52A(1) PG 6y
NPP 3y
AA
4y
NPP 2y 3m
Traffic – speeding Distracted while driving truck – drove through red light at intersection colliding with victim’s vehicle.
Sentence manifestly excessive in circumstances.
Hughes
(32)
NSW CCA [48]
10.3.2008
52A(1)

PG (25%)

4y 6m
NPP 3y
AA
3y
NPP 2y
Under influence of cannabis - Drove truck with 18 year old female partner (V) as passenger – Lost control turning corner – Able to escape but could not rescue V who died in burning vehicle.
SJ failed to take into account quasi custody served in residential rehabilitation.
Nguyen
(19)
NSW CCA [113]
4.6.2008
52A(1)

PG (25%)

2y 3m
NPP 12m
Crown AA
3y
NPP 18m
Poor driving record – booked five days previously for low range PCA Speeding and significantly affected by alcohol (0.1) – Provisional licence – Lost control of car on suburban street and collided with fence killing passenger – high level moral culpability
Significant attitude change – good prospects of rehabilitation
Mitreski
NSW CCA [301]
11.12.2008
2 x 52A(1) VG 2y 5m
NPP 20m
PD
Crown AA
3y 4m
NPP 2y 4m
Nil Driving semi-trailer at excessive speed and in wrong gear on steep wet road – crossed path of oncoming vehicle containing two victims.
TG
(17)
NSW CCA [28]
2.3.2010
4 x 52A(1) PG (15%)4y
NPP 2y
AD Driving with provisional licence – drove at 100km/ph in 80km/ph zone – wet night – lost control of vehicle – vehicle left road and impacted with tree - four passengers killed.
Deliberate risk-taking.
Youth.
Radley
NSW CCA [64]
15.4.2010
1 x 52A(1)
Pervert course of justice
PG 2y
1y 4m Periodic Detention
Crown AD Overtook vehicle and collided with oncoming motorcyclist – rural road – no line markings – case of misjudgement – asked witnesses at scene to say victim was on wrong side of road but when they refused said “yes, do what you have to do.”

Nashed
(18)

NSW CCA [282]
3.12.2010

s.52A(1)(c)

 

Low range PCA

Under influence of illicit drug

PG (25%)

3y

NPP 2y

(concurrent sentences)
AD (except in relation to concurrent sentence)

Struck and killed cyclist – drove to Brisbane and unloaded furniture – drank rum and Red Bull at nightclubs and slept two hours – started return trip to Sydney – micro sleeps and trouble concentrating prior to accident – fell asleep and collided with cyclist causing impact to windscreen and throwing victim over 7m drop – sleep deprived – P-plate driver – high moral culpability

Townsend
(25)

NSW CCA [334]
24.12.2010

s.52A(1)(c) PG (25%)300h CSO Crown AD

Veered on to wrong side of road around corner and collided with on coming vehicle killing driver – no alcohol or drugs or speeding – inadvertence of misjudgement – low level of culpability

Preston
(60)

NSW CCA [25]
2.3.2011

s. 52A(1) PG 4y NPP 3y AA

3y

NPP 18m
nil

A’s semi-trailer collided with V’s vehicle – A drove through give way sign – ignored road warnings – cut corner and did not slow down sufficiently – corner subject to partial blind spot. Good character – sentence manifestly excessive.

Hedges
(19)

NSW CCA [263]
9.12.2011

s.52A(1)(c) VG 3y 7m
NPP 2y
Conviction AD

 

Sentence AA

2y 6m

NPP 1y 3m

Poor driving record – drive whilst suspended, reckless driving, drive manner dangerous, speeding

Overtook car and crossed over double white lines and collided with oncoming vehicle. Good character. Sentencing judge erred in misapplication of guideline judgment in R v Whyte [2002] NSWCCA 343 - no aggravating features for consideration upon sentencing.

Lute

NSWCCA [67]
19.4.2012

s.52A(1)(c) PG (15%) 3y9m NPP 2y 3m AD

Speeding and intoxicated – drove off road at night through fence and collided with tree – passenger killed – offender received serious injuries Remorse

Whelan
(36)

NSWCCA [147]
21.5.2012

s.52A(1)

VG

2y ICO

Crown AD

Poor driving record – assault

Made serious error of judgment in overtaking – collided with oncoming vehicle – caused premature birth of baby at 24 weeks – baby died 33 days later after contracting NEC – premature babies susceptible to NEC – low level of culpability

Genuine remorse – provided financial assistance to victims – army service

WW
(17)

NSWCCA [165]
9.8.2012

s.52A(1)

 

Fail to stop
VG

 

PG

7y
NPP 4y

 

Total:
8y
NPP 5y

AD

2 x drive unlicenced – lengthy record for other offences

Strayed onto wrong side of road and collided with bike rider on straight road at 9am – failed to stop despite request of passenger and being aware of collision – using mobile phone – abandonment of responsibility

Driving unlicenced

Aitken

(19)

[2014] NSWCCA 201

​s. 52A(1)​PG4y 1m

NPP 2y 6m

​ADLearner's permit  - driving with 2 passengers – intoxicated and speeding  – failed to negotiate turn – collided with tree – one passenger killed – close friend.

Good prospects of rehabilitation -  unlikely to re-offend – strong subjective case – remorse - ADHD as child

Williams

(22)

[2014] NSWCCA 200

​s.52A(1)PG​2y 7m

NPP 1y 4m

Crown AA

2y 8m

NPP 1y 9m

A engaged in street racing - excessive speed - innocent driver killed -  high level of moral culpability and significant objective seriousness
Woodward

[2014] NSWCCA 205

​s.52A(1)

​PG

(25%) on appeal

6y

NPP 4y 6m

AA

3y 9m

NPP 2y 9m

​Not relevantProvisional driver's licence - under influence of alcohol - erratic and aggressive driving – crossed double yellow lines – crashed into tree – male passenger in same vehicle killed.
Barnett

[2014] NSWCCA 296

​2 x s.52A(1)​VG 3y

NPP 18m

​ADTruck driver – collided with two victims who were standing with broken-down car on side of highway – inattention for significant period of time – failure to keep proper lookout - large number of other vehicles had passed the victims without colliding
Harris

(37)

[2015] NSWCCA 81

​3 x s.52A(1)(c)

s.52A(3)(c)

 

Sched:

Take and drive conveyance
Self admin drug

​PG
(25%)
​4y 7m

NPP 3y 3m

​Crown AA

7y 6m
NPP 5y 6m

​Multiple driving offences – breached parole for disqualified driving – disqualified until 2030Took partner’s car without permission to meet father – lost control and collided with car waiting on side of road – killed driver and both child passengers – severe injuries to own 3y child – uncontrolled epilepsy and significant brain injury – aware susceptibility to epilepsy aggravated by substance abuse and non-compliance with medication – high moral culpability
Casey

(18)

[2015] NSWCCA 142

​s.52A(1)(a)​VG​3y 6m

NPP 2y 7m

​AD​Nil​V was pillion passenger on motorcycle ridden by A - A collided with parked car - V flung from bike – A  significantly intoxicated – V was good friend.

Young offender - good character with no prior convictions - remorse

Colville

[2015] NSWCCA 149

​s. 52A(1)(c)

s. 52A(3)(c)

​PG​4y 7m

NPP 3y 5m

​AD​Crossed unbroken double road markings – collided with oncoming vehicle - sleep deprivation exacerbated by secondary effects of methylamphetamine and other drugs cause of A's failure to keep car on correct side of road.

Drug abuse.

Price

(35)

[2016] NSWCCA 50

2 x s.52A(1)(c)

s.52A(3)(c)

 

Three summary offences

PG
(25%)
6y

NPP 4y

Crown AA

8y 6m

NPP 5y 8m

Drug and minor violence – very poor traffic recordDrove 2y son in inappropriate booster seat while under influence of methamphetamines – drove around bend into oncoming traffic – driver and passenger killed – son seriously injured with lifelong disabilities – intoxication

Deep remorse – used drugs for over 20y

Barker

(19)

[2016] NSWCCA 193

2 x s.52A(1)(c)

s.52A(3)(c)

 

2 x negligent driving

PG(early)

2y 4m

NPP 10m

 

Total:

3y 2m

NPP 1y 8m

Crown AD

(discretion)

Designated driver driving friends around places over evening in borrowed ute – aware soft suspension making vehicle difficult to handle – drove with passengers in cab and on open tray – on final occasion sped up and lost control causing vehicle to roll several times – passenger on tray thrown and suffered reasonably moderate injuries – passengers in cab thrown from vehicle and died at scene - aware passengers not wearing seatbelts and poor condition of road – mid range culpability – no abandonment of responsibility

Suffering major depression and PSTD resulting from accident – served 8mths prior to appeal – fragile mental condition