This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.
Max penalty: 10 years
NGONSW CCA 15.11.1996
s.52A(1)Sched:Unlicensed driverPossess heroin
MT 12mAT 4m
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
MT 4yAT 2y
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
MT 1yAT 2y
Crown AAMT 3yAT 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.
MEEHANNSW CCA 8.4.1997
MT 3yAT 1y
Ran over wife on bush track. Driving into sun affected vision. Judgement
affected by alcohol. Car “spectacularly unroadworthy”.Suffering genuine
MASELLA(41)NSW CCA 14.5.1997
s.52A(1)s.52A(3)Sched:unregistered carunlicensed driver
MT 3yAT 1yFT 2y (concurrent)
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
Home DetnMT 6mAT 2m
Crown AAHome DetnMT 12mAT 4m
Lost control of car running into tree. Killed friend who was passenger.
Impaired by cannabis. Driving at excessive speed.
SLUKANSW CCA 28.7.1997
4 x s.52A(1)(c)
MT 3y 6mAT 2y 6m
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 stopDrive whilst disq.
MT 1yAT 9mLC disq 3yrs
Crown AAMT 1y 9mAT 1y 3mLC 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
PELLOW(21)NSW CCA 1.8.1997
500 hrs CSOLC disq 5yrs.
Crown AAPD 12mthsLC disq 5 yrs.
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)
CSO 200 hrs. LC disq 12m
Crown AD“Facts were of a kind rarely seen from which a sentencing pattern
could be discerned.”
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
MT 2yAT 3y(concurrent sentence)
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
15m PD.LC disq 3 yrs
Crown AAMT 8mAT 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.
MT 3yAT 2y
AAMT 2yAT 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:
MT 18mAT 18m
Driving down King St, Newtown, braked suddenly and mounted kerb. Killed
pedestrian and crashed into shop. Alcohol reading: .125 - .140
2 x s.52A(1)
500hrs CSO3y disq
Crown AAPD 2y 6m
nilon 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.
Home Detention 18m
Crown AAMT 3yAT 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.
Early PG (25%)
NSW CCA  3.12.2010
Low range PCA
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
NSW CCA  24.12.2010
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
NSW CCA 2.3.2011
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
NSW CCA  9.12.2011
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  NSWCCA 343 - no aggravating features for
consideration upon sentencing.
NSWCCA  19.4.2012
Speeding and intoxicated – drove off road at night through fence and
collided with tree – passenger killed – offender received serious injuries
NSWCCA  21.5.2012
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
Genuine remorse – provided financial assistance to
victims – army service
NSWCCA  9.8.2012
7y NPP 4y
Total: 8y NPP 5y
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
 NSWCCA 201
NPP 2y 6m
Good prospects of rehabilitation - unlikely to re-offend – strong subjective case – remorse - ADHD as child
 NSWCCA 200
NPP 1y 4m
NPP 1y 9m
 NSWCCA 205
NPP 4y 6m
NPP 2y 9m
 NSWCCA 296
 NSWCCA 81
Take and drive conveyanceSelf admin drug
NPP 3y 3m
7y 6mNPP 5y 6m
 NSWCCA 142
NPP 2y 7m
Young offender - good character with no prior convictions - remorse
 NSWCCA 149
NPP 3y 5m
 NSWCCA 50
Three summary offences
NPP 5y 8m
Deep remorse – used drugs for over 20y
 NSWCCA 193
2 x negligent driving
NPP 1y 8m
Suffering major depression and PSTD resulting from accident – served 8mths prior to appeal – fragile mental condition