| Case | Offence | Plea | Sentence | Appeal | Record | Facts |
ERRINGTON
(44)
NSW CCA
3.3.1999 | s.52A(4) | PG | Home Detention 18m | Crown AA
MT 1y
AT 18m | high range PCA (1982) | High range alcohol (0.278). Drinking from 8am until just before collision at 6pm. Speeding. Changed lanes and lost control. Mounted kerb colliding with pole. Wife seriously injured - (later died of sepsis following surgery).
Considerable remorse. |
BICHENO
(45)
NSW CCA
9.6.1999 | 2 x s.52A(4) | PG | MT 2y
AT 2y | AD | single speeding offence | Heavily intoxicated (0.263). Collided with another car injuring 19y female driver and A’s defacto wife. |
McASKILL
NSW CCA [350]
9.8.2000 | 2 x s.52A(4) | PG | MT 3y
AT 1y | AD | offences for mid and high range PCA | Drank 10-12 schooners of beer and caught taxi home. Drove to work in early hours of morning after being unexpectedly asked to fill in for friend. Drove on to wrong side of road forcing small car with female passengers off road. Passengers suffered broken bones. (0.155). Actions show more than bad error of judgment.
Good character evidence. |
KHAN
NSW CCA [454]
27.10.2000 | s.52A(4) | PG | 4y 6m
NPP 3y 4m 15d | AD | prior offences including high range PCA | While speeding and intoxicated lost control on bend and crashed over steep embankment. Female passenger lost leg. |
TURNER
NSW CCA [455]
27.10.2000 | s.52A(4) | PG | 3y
NPP 2y 3m | AD | high range PCA and other driving offences | While intoxicated, unlicensed and speeding on damp road at night lost control of car and crashed into fence. Passenger suffered serious fracture. |
KING
(34)
NSW CCA [18]
8.2.2001 | s.52A(4) | PG | 2y PD | Crown AA
2y
NPP 12m | two prior drink driving convictions | Intoxicated - while crossing narrow bridge bent down to pick up cigarette - hit kerb and veered into oncoming car - severe injuries to driver of other car. .273 blood alcohol reading.
Good life history - deep remorse. |
PATES
NSW CCA [142]
6.4.2001 | s.52A(4)
Sched:
SMV
Larceny | PG | 4y 6m
NPP 3y | AD |  | Involved in police chase driving stolen vehicle - drove through red light and collided with another car - driver seriously injured - abandonment of responsibility. |
DOUGLASS
NSW CCA [250]
23.5.2001 | s.52A(4) | PG | 2y
NPP 6m | AA
21m suspended | prior convictions for drink driving | Driving with alcohol level of .190. No abandonment of responsibility but behaving reprehensibly and conduct well towards upper level of culpability.
Wife become quadriplegic - A taken over full time care of wife - effect of incarceration on wife - served 3 months custody. |
KALITI
(30)
NSW CCA [268]
29.6.2001 | s.52A(4) | PG | 5y
NPP 3y 9m | AD | prior good character and clear driving record | Intoxicated when struck male standing next to box trailer - catastrophic injuries resulting in loss of both legs and brain damage. Alcohol level .2g. Clear and significant abandonment of responsibility - deliberate decision to drive while over the limit. |
LEE
NSW CCA [236]
19.6.2002 | s.52(4) | PG | 3y
NPP 18m | AA
2y 3m
NPP 1y 1m 2w | old PCA offences - driving with suspended licence | Collided with motorcyclist after disobeying traffic light - Intoxicated
Resumed drinking after murder of only child - Depression - Aggravated around anniversary of death - Good prospects of rehabilitation |
WHYTE
NSW CCA [343]
20.8.2002 | s.52(4) | PG
(late) | 2y 3m
NPP 12m | Crown AD | prior alcohol offence involving motor accident | Fell asleep at wheel of car - Car veered into on-coming traffic- Passenger of mini-bus severely injured - Intoxicated having been drinking night before and day of accident
Genuine remorse - Appeal dismissed because of delay |
PLUMB
NSW CCA [359]
1.12.2003 | 2 x s.52(4) | PG | Total:
2y 6m
NPP 18m | AD | nil | Intoxicated – Drove over double yellow lines – Caused head on collision with incoming vehicle – Serious injuries to two victims. |
BUCHANAN
NSW CCA [141]
12.5.2004 | s.52(4) | PG | 2y 6m
NPP 15m | AD | Not stated | Female - Drove while intoxicated – 0.25-.028 – Crossed double lines on curve and collided with on-coming vehicle – Caused permanent dental damage to driver – High moral culpability
Drove to escape boyfriend’s violence |
TAKAI
(21)
NSW CCA [392]
19.11.2004 | s.52(4)
[alcohol] | PG | 3y 6m
NPP 21m | AA
2y 6m
NPP 1y 3m | Nil | Female - Lost control of car and collided with power pole injuring passenger – Intoxicated at 0.169
Error in finding level of intoxication x5 over the limit |
MCMILLAN
(52)
NSW CCA [28]
16.2.2005 | s.52(4)
[alcohol] | PG | 3y
NPP 1y 9m | Crown AA
4y
NPP 2y 6m | Alcohol related offences including manslaughter | Collided with oncoming traffic on wrong side of country road – Intoxicated – High level of moral culpability |
KOPACKA
(40)
NSW CCA [83]
10.3.2005 | s.52(4)
[alcohol] | PG | 4y 6m
NPP 2y 6m
7y lic disq | AD | Appalling traffic record; 9 x DUI; disqualified driver | Drove unregistered/uninsured car while disqualified – overtook over double unbroken lines, then lost control – swerved onto wrong side and off road into tree – Injuries to passengers at lower end of scale – BAC .281 – high culpability – 15% reduction for PG
Supportive relationship – little insight into alcohol problems – liver problems - |
GONZALEZ
NSW CCA [4]
19.1.2006 | 2 x s.54A(4) | PG | 2y 6m
NPP 1y 3m | AD | Poor traffic record – breached traffic bond | Lost control on bend and collided with pole injuring passengers – intoxicated – high moral culpability
Youth and good character |
ELYARD
(24)
NSW CCA [43]
6.3.2006 | s.54A(4) | PG | 5y
NPP 2y 6m | AD | Breached probation | Ran red light and struck pedestrian causing serious injuries – significantly affected by drugs
Remorse |
DOYLE
NSW CCA [118]
13.4.2006 | s.54A(4) | PG | Suspended sentence 2y | Crown AA
3y
NPP 18m | Nil | Intoxicated at 0.205 – drove onto other side of road colliding with car driven by family – victim suffered ruptured spleen from which recovered.
Depression – drug abuse. |
CARRUTHERS
(48)
NSW CCA [59]
19.3.2008 | s.54A(4) | PG | 2y 2m 29d
NPP 1y 8m 9d
PD | Crown AA
2y 2m
NPP 1y 8m | Drink driving | Turned across path of motorcyclist – serious injuries to ankle – high range blood alcohol level
Involved in voluntary organisations – drinking problem, |
