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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 Death: s.52A(1) 

(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.

Max penalty:  10 years

CASE

(age if known)

OFFENCEPLEASENTENCEAPPEALRECORDFACTS

Ngo

NSWCCA 15.11.1996

s.52A(1)

 

Sched:

Unlicensed driver

Possess heroin

PG

MT 12m

AT 4m

Crown ADBadStruck 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)

NSWCCA 27.11.1996

s.52A(1)PG

MT 4y

AT 2y

ADDrugs, 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 Victim's car - V 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

NSWCCA 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)

NSWCCA 14.5.1997

s.52A(1)

 

 

s.52A(3)

 

Sched:

unregistered car

unlicensed driver

PG

MT 3y

AT 1y

 

FT 2y (concurrent)

ADDrugsWith 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

nilLost control of car running into tree - killed friend who was passenger - impaired by cannabis - driving at excessive speed.

Sluka

NSWCCA 28.7.1997

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

MT 3y 6m

AT 2y 6m

ADGood 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)

NSWCCA 30.7.1997

s.52A(1)(a)

 

Sched:

Fail to stop

Drive whilst disq.

PG

MT 1y

AT 9m

Crown AA

MT 1y 9m

AT 1y 3m

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)

NSWCCA 1.8.1997

s.52A(1)

 

s.52A(3)

PG500 hrs CSO

Crown AA

PD 12mths

NilFell 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)PGCSO 200 hrs

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

NSWCCA

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)

NSWCCA

30.10.1997

s.52A(1)PG15m PD

Crown AA

MT 8m

AT 7m

(take into account 4m PD)

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)

NSWCCA

4.3.1998

s.52A(1)

 

Sched:

s.52A(3)

PG

MT 3y

AT 2y

AA

MT 2y

AT 3y

Minor criminal and traffic recordDrove 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)

NSWCCA

26.6.1998

s.52A(1)(a)PG

MT 18m

AT 18m

ADminorDriving down King St, Newtown, braked suddenly and mounted kerb - killed pedestrian and crashed into shop - alcohol reading:  .125 - .140

Lemoto

(18)

NSWCCA

24.7.1998

2 x s.52A(1)VG500hrs CSO

Crown AA

PD 2y 6m

Nil

 

Driving down dark road after dark and knew headlights failing - continued to drive and failed to see pedestrians crossing road - both killed

On provisional licence  (age)

Thackray

NSWCCA

19.8.1998

s.52A(1)PGHome 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-Jurisic 12.10.98 (Guideline Judgment)

CASE

(age if known)

OFFENCEPLEASENTENCEAPPEALRECORDFACTS

Comber

(32)

NSWCCA

11.11.1998

s.52A(1)

 

 

s.52A(3)

PG

MT 22m

AT 20m

 

FT 22m

(concurrent)

 

30% discount assistance.

ADnil

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

NSWCCA 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 PCADriving 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)

NSWCCA

11.12.1998

2 x s.52A(1)PG12m 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)

(1999) 104 A Crim R 273

s.52A(1)VG1y 6m PD

Crown AA

MT 9m

AT 9m

nilDrove 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)

[1999] NSWCCA 180

s.52A(1)PG

MT 2y

AT 2y

AA

MT 1y

AT 1y

Nil - no traffic infringements over 23 years

Female - Driving at high speed overtaking other vehicles - crossed onto wrong side of road colliding with oncoming vehicle

Remorse – shock

Menzies

(28)

[1999] NSWCCA 222

s.52A(1)VG

Home Detention

MT 12m

AT 6m

Crown ADDisobey 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)

[1999] NSWCCA 226

s.52A(1)

 

Sched:

4 x BES

PG

MT 4y

AT 2y

ADdriving recordUnder 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

[1999] NSWCCA 369

s.52A(1)PG

3y GBB

 

(Sentence details from JIRS case summary).

Crown ADnil

Crossed double yellow lines to overtake slow vehicle - collided with oncoming car - de facto wife killed - "Momentary reckless error of judgment" not 'momentary inattention' or 'abandonment of responsibility'.

Excellent character and driving record - remorse.

Everett

[2000] NSWCCA 439

2 x s.52A(1)

 

Sched:

unlic driver

self admin drug

PG
MT 2y
AT 2y
ADMinor 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)

[2000] NSWCCA 32

s.52A(1)PG2y 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

[2000] NSWCCA 84

s.52A(1)VG

MT 18m

AT 18m

ADpoor driving record

Drove through red light and struck pedestrian crossing road

On appeal  - no additional category or middle ground between momentary inattention and abandonment of responsibility: Jurisic (1998) 45 NSWLR 209 and Pyritz NSWCCA 23.11.98 - offender's actions fell outside momentary inattention and clearly made custodial penalty appropriate - SJ correct that offenders conduct constituted "grossly irresponsible driving".

Remorse – delay - will find prison particularly difficult - impact of accident on life.

Katoa

[2000] NSWCCA 223

s.52A(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)

[2000] NSWCCA 257

s.52A(1)PG

MT 12m

AT 2y

Crown ADPrior 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)

[2001] NSWCCA 10

s.52A(1)VG

MT 3y

AT 1y

AA

3y

NPP 2y

Serious prior convictions - appalling driving recordCollided 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)

[2001] NSWCCA 86

s.52A(1)VG

MT 3y

AT 2y

ADDriving 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 resulting from multiple factors.

Appellant seriously and permanently injured in accident - change of lifestyle - remorse - good character - loss of girlfriend

Begbie

(17)

(2001) 124 A Crim R 300

s.52A(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 oncoming car killing driver - affected by alcohol (0.1-0.113g).

Excellent subjective features.

Foster

[2001] NSWCCA 215

s.52A(1)(c)

PG

(15%)

22m suspended sentenceCrown ADnil relevant

Lost control of car driving over bridge in country and colliding with railing - passenger not wearing seat belt and flung from car - 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

[2001] NSWCCA 435

s.52A(1)

 

s.52A(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

[2001] NSWCCA 524

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)

[2002] NSWCCA 116

s.52A(1)(c)VG

4y

NPP 2y

ADdriving

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)

[2002] NSWCCA 91

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)

[2002] NSWCCA 191

s.52A(1)

 

s.52A(3)

PG

2y suspended

18m suspended

(concurrent)

Crown ADnil

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)

[2002] NSWCCA 263

3 x s.52A(1)

 

2 x s.52A(3)

VG

6y

NPP 3y

 

4y

NPP 2y

(concurrent)

ADtraffic 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)

[2002] NSWCCA 393

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

Clampitt-Wotton

(34)

[2002] NSWCCA 383

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)

(2003) 140 A Crim R 45

s.52A(1)(c)VG

3y 8m

NPP 2y 9m

ADlengthy 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 - Did not see speed sign

Remorse - Record an aggravating feature

Hobday

(21)

[2003] NSWCCA 345

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

[2003] NSWCCA 388

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

[2004] NSWCCA 100

s.52A(1)

 

 

s.52A(3)

PG

(20%)

4y

NPP 3y

 

FT 3y (conc)

ADBad 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)

[2004] NSWCCA 99

s.52A(1)PG

3y 6m

NPP 18m

ADMinor

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)

[2004] NSWCCA 198

s.52A(1)PG

3y

NPP 15m

ADNilOffender drove 90-100 kph through a pedestrian refuge killing a 17 year-old cyclist – sunny day, clear conditions

Price

(21)

[2004] NSWCCA 186

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)

[2004] NSWCCA 359

s.52A(1)

 

Sched:

2 lesser offences

PG

(25%)

5y

NPP 2y 6m

ADTraffic 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)

[2004] NSWCCA 365

s.52A(1)(a)VG

4y

NPP 2y 6m

ADNo 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)

[2004] NSWCCA 469

s.52A(1)

PG

(25%)

5y

NPP 2y 6m

AA

4y 3m

NPP 2y

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 0.140, probably around 0.2, and THC levels

Extremely remorseful - Unemployed – Aboriginal – extremely deprived and alcoholic background – illiterate – supportive family

Tzanis

(18)

[2005] NSWCCA 274

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)

[2005] NSWCCA 288

2 x s.52AVG

2y

NPP 12m

Crown AA

5y

NPP 3y

Bad traffic record - BESUpon 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)

(2005) 157 A Crim R 553

s.52A(1)

 

s.52A(3)

PG

(25%)

2y 9m

NPP 1y 6m

ADNil relevant – excellent traffic record

Driving prime mover collided into back of stationary car at traffic lights – No speed or drugs – No explanation – Many vehicles affected

Good character – Post traumatic stress disorder as result of offence – Remorse

Docker

(41)

[2005] NSWCCA 425

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)

[2006] NSWCCA 46

2 x s.52A(1)

 

s.52A(3)

Early (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

[2006] NSWCCA 262

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 offencesCollided 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)

[2006] NSWCCA 308

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)

(2006) 166 A Crim R 419

3 x s.52A(1)(c)VG

7y

NPP 5y 3m

ADNilDriver had epileptic fit and lost control of car – collided with three cars – forced 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)

[2007] NSWCCA 126

3 x s.52A(1)

 

52A(3)

VG

3y 3m

NPP 15m

ADSpeeding

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)

[2007] NSWCCA 265

52A(1)(c)VG

Home Detention

16m

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)

[2007] NSWCCA 295

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)

(2008) 185 A Crim R 155

52A(1)

PG

(25%)

4y 6m

NPP 3y

AA

3y

NPP 2y

 

Under influence of cannabis - Drove truck with 18y 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)

[2008] NSWCCA 113

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

[2008] NSWCCA 301

2 x 52A(1)VG

2y 5m

NPP 20m

PD

Crown AA

3y 4m

NPP 2y 4m

NilDriving semi-trailer at excessive speed and in wrong gear on steep wet road – crossed path of oncoming vehicle containing two victims.

TG

(17)

[2010] NSWCCA 28

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

[2010] NSWCCA 64

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)

[2010] NSWCCA 282

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)

[2010] NSWCCA 336

s.52A(1)(c)

PG

(25%)

300h CSOCrown 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)

[2011] NSWCCA 25

s. 52A(1)VG

4y

NPP 3y

AA

3y

NPP 18m

nil

Semi-trailer collided with vehicle – 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)

[2011] NSWCCA 263

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 - collided with oncoming vehicle.

Good character.

Sentencing judge erred in misapplication of guideline judgment in Whyte [2002] NSWCCA 343 - no aggravating features for consideration upon sentencing.

Lute

[2012] NSWCCA 67

s.52A(1)(c)

PG

(15%)

3y 9m

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)

[2012] NSWCCA 147

s.52A(1)VG2y ICOCrown ADPoor 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)

[2012] NSWCCA 165

s.52A(1)

 

Fail to stop

VG

 

PG

7y

NPP 4y

 

Total:

8y

NPP 5y

AD2 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)PG

4y 1m

NPP 2y 6m

AD 

Learner'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

(10%)

2y 7m

NPP 1y 4m

Crown AA

2y 8m

NPP 1y 9m

 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 license - 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

AD Truck 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

ADNil

Driving good friend as pillion passenger to motorcycle - collided with parked car - V flung from bike – offender significantly intoxicated

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

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 record

Drove 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 for friends 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

Costello

(34)

[2017] NSWCCA 32

s 52A(1)

 

PG

(15%)

3y 3m

NPP 1y 10m

AD

3y

NPP 1y 14d

Poor driving record

Truck driver – collided with cyclist - attempted to force way into merging lane when aware lane ending - failed to slow down - failed to have proper regard for Victim's safety - failure to keep proper lookout, failure to take proper evasive action to avoid collision – driving involved degree of aggression for some seconds - below mid-range objective seriousness, but not at lower end

On appeal - fresh evidence – partner has terminal illness.

Last Updated: 22/5/2017

 

 

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