| Case | Offence | Plea | Sentence | Appeal | Record | Facts |
WILLIAMS
(17)
NSW CCA 17.12.1996 | s.52A(2)
(intoxication) | PG | MT 2y 3m
AT 2y 9m
(detention) | AD | Mal damage, PCA | At party drove car with three people on bonnet. Struck steel pole killing deceased. |
SLATTERY
(24)
(1996) 90 A Crim R 519 | 2 x s.52A(2)
(alcohol and speed) | PG | 3y PD | Crown AA
MT 12m
AT 2y | Good character. Low range PCA no conviction recorded. | Lost control at high speed trying to avoid collision. Killed 2 close friends travelling as passengers. |
INGRAM
NSW CCA
26.8.1997 | s.52A(2)
(intoxication) | VG | MT 3y 6m
AT 2y 6m | AD | Numerous driving offences including drink driving. | Struck deceased standing on side of road being sick.
Family suffered harassment as result of offence. |
KALANJ
(30)
NSW CCA 18.12.1997 | s.52A(2)
(intoxication)
Sched:
drive unreg & uninsured |  | MT 18m
AT 18m | Crown AA
MT 2y 6m
AT 2y 6m | Serving CSO for assault.
Dishonesty, property, violence and PCA | Travelling in country, drove onto wrong side of road and collided with car and caravan. Deliberately decided to travel long distance under the influence of alcohol. Reading not less than .16.
Significant alcohol problem. Some attempts at rehabilitation. |
BLACK
(21)
NSW CCA
23.7.1998 | s.52A(2)
s.52A(4)
Sched:
drive unlic,
unreg &
uninsured | PG | MT 2y 3m
AT 2y 3m
FT 2y 3m
(concurr)
3y disq | Crown AA
Worst type of case.
MT 3y
AT 2y
FT 3y
(concurr) | nil | Travelling along Parramatta Rd at 110 km in 60 zone at 5.55am. Drove through red light narrowly missing pedestrian. Swerving through traffic ran another red light, colliding with V’s car. Driver killed instantly, passenger severely injured. Alcohol reading: .120 to .135. |
BYRNE
(31)
(1998) 104 A Crim R 456 | s.52A(2)
s.52A(4)
Sched:
unlicensed driver | PG | MT 12m
AT 4m
(home detention)
3y GBB | Crown AA
MT 11m
AT 2y | stealing, possess cannabis and unlicensed driver | Female - Driving her two young children, unrestrained. Drifted left and collided with parked car. Travelled along nature strip and collided with fence. Daughter died, son injured. Alcohol reading: .155 to .228 (probably .205) Had been drinking with brother who was concerned about her ability to drive.
Difficult background resulting in alcohol problem. Serious injuries from accident. |
WINTER
(24)
NSW CCA
9.10.1998 | 52A(2) | PG | MT 3y 3m
AT 2y 3m | AD.
High but not outside discretion. | | When left house aware he would drink and drive. Drove on after hitting V - serious aggravating factor. Alcohol 0.157. |
| Case | Offence | Plea | Sentence | Appeal | Record | Facts |
McDONALD
NSW CCA
12.10.1998 | s.52A(2)
s.52A(4) | PG | MT 2y
AT 3y
(concurrent sentence)
Disq 5yrs | Crown AA
MT 3y
AT 3y
(concurrent sentence) | very poor traffic record incl PCA | Drinking for previous 12 hours. Alcohol reading 0.195. Prior to accident was seen speeding, changing lanes without indicating and running lights. |
McKINNEY
(49)
NSW CCA
10.3.1999 | s.52A(2) | PG | 3y PD | Crown AA
MT 1y 6m
AT 1y 6m | | High range alcohol (between 0.166 - 0.282). Lost control of truck hitting pole and tree. A’s wife killed. Members of public put at risk. Considerable remorse. |
SEN
(29)
NSW CCA
11.6.1999 | 2 x s.52A(2) | PG | MT 6y 9m
AT 2y 3m | AA
MT 5y 3m
AT 1y 9m | speeding | Considerably influenced by alcohol (0.219). Drove through red traffic light killing two persons. |
REEVES
NSW CCA
2.7.1999 | s.52A(2)
2 x s.52A(4) | PG | MT 2y 6m
AT 2y 6m
(concurrent sentences) | AD | nil | Female - Under influence of alcohol (0.160) hit two pedestrians, killing 17y girl and seriously injuring another. Pasenger also injured. Taking medication for bipolar disorder and was aware medication should not be mixed with alcohol. |
SIMPSON
(43)
NSW CCA
10.9.1999 | s.52A(2) | PG | MT 3y 6m
AT 1y 6m | Crown AD | Nil. “Fine driving record” over 20 years driving experience. | Intoxicated (0.254) truck driver overtook bus slightly over speed limit. Crossed to wrong side of road colliding with van and killing driver. |
JAWOROWSKI
(43)
NSW CCA [430]
29.10.1999 | s.52A(2) | PG | MT 6y
AT 2y | AA
MT 5y
AT 3y | Previous convictions for drink driving. Lost licence two weeks prior to offence for PCA offence. | Driving intoxicated ran over motorcyclist in daylight.
Alcoholic - evidence of rehabilitation since offence. Genuine contrition. |
HANLON
(25)
NSW CCA
16.2.2000 | s.52A(2) | PG | MT 3y 9m
AT 1y 3m | AA
MT 3y
AT 2y | not significant | Intoxicated lost control of vehicle on bend and collided with oncoming car. Killed brother.
Significant remorse. |
HAWKINS
(29)
NSW CCA [380]
11.8.2000 | s.52A(2) | PG | MT 4y
AT 1y | AD | prior convictions for mid-range PCAs. | Driving utility while intoxicated (0.216) and speeding (100kph in 60kph zone). Collided with car killing passenger.
Significant alcohol problem. |
WOODWARD
(24)
NSW CCA [90]
23.3.2001 | s.52A(2) | VG | MT 5y
AT 3y | AD | no significant criminal record - very poor driving record | While driving left road and collided with power pole killing passenger. Intoxicated - 0.2016 - knew over the limit - in category of most serious offences of this kind.
Prior good character - remorse - post traumatic stress disorder |
TADMAN
(21)
NSW CCA [225]
29.5.2001 | s.52A(2)
Sched:
Self admin heroin
Fail to stop | PG | MT 4y
AT 3y | AA
5y 3m
NPP 2y 8m | no priors | Drove while under influence of heroin - Long period of erratic driving - Collided with car forcing it into on coming traffic - left scene.
Genuine remorse - high prospects for rehabilitation - excellent character references - heroin addiction |
COUSINS
(37)
NSW CCA [81]
5.3.2002 | s.52A(2)
s.52A(4) | PG | 7y
NPP 4y
(concurrent sentence) | Crown AA
8y
NPP 6y | appalling record - driving offences - disqualified driver | Police chase in stolen car through suburban streets - Middle of day - Roads moderately affected by traffic - High speed - Collision at intersection after running red light - Killed and injured passengers - Gravity of offence extremely high
Prospects for rehabilitation poor |
RAYNER
(37)
NSW CCA [309]
25.6.2002 | s.52A(2)
s.52A(4) | PG | 6y
NPP 4y
(concurrent sentence) | AD | On bond for dangerous driving | Struck median strip and veered on to wrong side of road – Collided with motor cyclist – Passenger killed – Cyclist injured – Intoxicated
Police officer for 18 years until recently dismissed |
SKRILL
(22)
NSW CCA [484]
20.11.2002 | s.52A(2)
s.52A(4) | PG | 5y
NPP 2y
(concurrent sentence) | Crown AA
6y
NPP 2y 6m
Total:
6y 6m
NPP 3y | nil | Driving friends after a party while intoxicated - Speeding - Lost control of car and overturned around bend - Killed girlfriend and injured another passenger - Alcohol level 0.182-0.238g
Significant psychological consequences of accident |
ELRIFAI
(26)
NSW CCA [496]
9.12.2002 | s.52A(2)
[escape police] | PG | 4y
NPP 2y | AD | | Police tried to pull appellant over after suspecting appellant may be under influence of alcohol - Appellant continued to drive at high speed (111kmh) - Drove through red light - Vehicle airborne before colliding into tree - Passenger (best friend) killed.
Ongoing injuries - extreme remorse - isolated social background (Lebanese) |
VUKIC
(28)
NSW CCA [13]
27.2.2003 | s.52A(2) | PG | 8y
NPP 5y | AA
7y
NPP 4y | poor traffic record | Intoxicated (0.172) - Speeding - Crossed double lines - Collided head on
History of drug and alcohol abuse - Seriously injured resulting in permanent injuries - Traumatised by accident - Suffering major depression and PTSD |
RYAN
(23)
NSW CCA [202]
23.7.2003 | s.52A(2)
[speed]
Sched:
Fail to stop | PG | 7y 6m
NPP 5y | AA
6y
NPP 4y | Lengthy criminal (driving) and traffic record | Speeding (approx 135kph in 75kph zone) - Collided with stationary vehicle forcing vehicle into intersection and collision – driver killed – left scene of accident – no element of intoxication
Failure to take into account prior good character. |
ZELUKIN
NSW CCA [262]
17.9.2003 | s.52A(2)
[alcohol] | PG | 5y
NPP 3y | AD | | Driving utility – Crossed to wrong side of road across dirt median strip – Collided with on-coming traffic
Under influence of alcohol and cannabis |
HOWCHER
NSW CCA [179]
21.6.2004 | s.52A(2)
[speed] | PG | 3y 6m
NPP 2y | AD | Poor driving record – breached bond – unlicenced | While demonstrating new car lost control and collided with tree, killing passenger – Car modified – 115-126kph in 60 zone
Absconded to Lebanon for several years – Voluntary return - Rehabilitation |
SUTTON
(44)
NSW CCA [225]
6.7.2004 | s.52A(2)
[intoxication] | PG | 6y 6m
NPP 4y 6m | AA
6y 6m
NPP 4y | Old record for drink driving | Swerved to wrong side of road and killed female cyclist – Blood alcohol reading .268 – Failed to stop – Unlicenced
Some evidence of rehabilitation |
BERG
(45)
NSW CCA [300]
25.8.2004 | S.52A(2)
[intoxication] | PG | 5y
NPP 3y | AA
4y
NPP 2y 3m | Record mostly dishonesty – prior traffic record in other states including drink driving | Lost control of car which left road and crashed into embankment killing girlfriend – Intoxicated
Evidence of recent good character including involvement in charity work and citizenship awards – Deeply affected by death |
PEVY
(22)
NSW CCA [414]
25.11.2004 | s.52A(2)
[escaping pursuit] | PG | 5y
NPP 3y 9m | AA
5y
NPP 3y 3m | Suspended sentence for demand money with menaces | Accelerated from police seeking to administer random breath test – drove 100-110 kph in 60kph zone for 5 minutes – collided with car killing driver – intoxicated
Remorse – Assaulted in custody – excellent prospects of rehabilitation – failure to find special circumstances |
SMITH
(30)
NSWCCA [19]
9.2.2005 | s.52A(2)
[intoxication, speed] | PG | 7y
NPP 4y | AA
6y
NPP 3y | Old record for drink driving | Drove home from pub with girlfriend – approx 115kp/h in 100 zone – crashed into field and car rolled over, killing girlfriend – A sustained only minor injuries and told police had been alone in the car – alcohol and cannabis – A unlicensed
Rehabilitation while in custody – low risk of reoffending – sole care of child. |
Veatufungu
(36)
NSW CCA [54]
1.3.2007 | s.52A(2)
[intoxication]
3 x s.52A(4) | PG | 3y
NPP 18m | Crown AA
4y 9m
NPP 3y | Nil – minor traffic offences | Collided with on-coming car on wrong side of road – blood alcohol reading of 0.187 – moral culpability high
Remorse |
Thompson
(31)
NSW CCA [299]
24.10.2007 | 2 x s.52A(2) | PG | 10y 6m
NPP 7y 6m | AD | Nil – speeding fines | Driver of car struck tree killing two passengers – speeding (120kph in 60kph zone) – intoxicated – failed to stop at stop sign – car became airborne – two passengers in one seat with restraint – left scene without reporting accident- upper end of range of seriousness
Remorse |
Lawrence
NSW CCA [349]
6.12.2007 | s.52A(2) | PG | 6y
NPP 4y | AA
5y
NPP 3y | Nil | Consumed 6-10 schooners in afternoon – Drove on freeway for about 2 hours – collided with victim causing victim’s car to overturn.
Strong subjective circumstances – exemplary record – extraordinary impact of victim’s death upon applicant. |
Page
(37)
NSW CCA [26]
19.2.2008 | s.52A(2)
Sched:
Drive conveyance | PG | 5y 4m
NPP 4y | AD | Lengthy record – including traffic and driving offences – breached parole for BES | Involved in police chase in stolen car – driving at 65kph through 50 zone – collided with vehicle reversing from driveway – no contributory negligence – under influence of heroin |
Whybrow
(20)
NSW CCA [270]
19.11.2008 | 2 x s.52A(2)
s.52A(4)
Drive with high range PCA | PG | 9y
NPP 5y 4m | AA
7y
NPP 4y 2m | Nil – minor traffic infringements | Drove intoxicated – crossed to wrong side of road and collided with on-coming vehicle – husband and wife killed – 18y daughter seriously injured – mid-range culpability
Married with children – remorse – good prospects of rehabilitation – suffered serious injuries from accident |
Hei Hei
NSW CCA [87]
2.4.2009 | s.52A(2) | PG | 5y
NPP 3y | AD | Lengthy history of driving offences | Drove after evening drinking with stepdaughter (V) and stepdaughter’s boyfriend as passengers – crossed road impacting with brick wall – V died.
CCA found sentence not manifestly excessive. |
