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Drive - Dangerous Causing Death: s.52A(1)

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



    CaseOffencePleaSentenceAppealRecordFacts
    NGO
    NSW CCA 15.11.1996
    s.52A(1)

    Sched:
    Unlicensed driver
    Possess heroin
    PGMT 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)
    NSW CCA 27.11.1996
    s.52A(1)PGMT 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)PGMT 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)PGMT 3y
    AT 1y
    ADRan 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
    PGMT 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)PGHome 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
    NSW CCA 28.7.1997
    4 x s.52A(1)(c)PGMT 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)
    NSW CCA 30.7.1997
    s.52A(1)(a)

    Sched:
    Fail to stop
    Drive whilst disq.
    PGMT 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)
    PG500 hrs CSO
    LC disq 5yrs.
    Crown AA
    PD 12mths
    LC disq 5 yrs.
    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. LC disq 12mCrown AD
    “Facts were of a kind rarely seen from which a sentencing pattern could be discerned.”
    NilDriving 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)
    PGMT 2y
    AT 3y
    (concurrent sentence)
    ADVeered 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)PG15m PD.
    LC disq 3 yrs
    Crown AA
    MT 8m
    AT 7m
    (take into account 4m PD)
    LC disq 3 yrs
    minor speed offenceTow 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)
    PGMT 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)
    NSW CCA
    26.6.1998
    s.52A(1)(a)PGMT 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)
    NSW CCA
    24.7.1998
    2 x s.52A(1)VG500hrs 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)PGHome Detention 18mCrown 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)

    CaseOffencePleaSentenceAppealRecordFacts
    Comber
    (32)
    NSW CCA
    11.11.1998
    s.52A(1)
    s.52A(3)
    PGMT 22m
    AT 20m
    FT 22m
    (concurrent)
    Disq 5yrs

    30% discount assistance.
    ADnilFemale 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
    PGMT 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)
    NSW CCA
    11.12.1998
    2 x s.52A(1)PG12m PDCrown 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)VG1y 6m PDCrown 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)
    NSW CCA 25.6.1999
    s.52A(1)PGMT 2y
    AT 2y
    AA
    MT 1y
    AT 1y
    NilFemale - 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)VGHome Detention
    MT 12m
    AT 6m
    Crown ADdisobey traffic lights, speeding, unlicensed driver, PCAStruck 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
    PGMT 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
    NSW CCA 11.8.1999
    s.52A(1)PG3y GBB
    Disq 6m
    (Sentence details from JIRS case summary).
    Crown ADnilCrossed 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
    PGMT 2y
    AT 2y
    ADminor drug offences, driving offences including unlicensed driverFemale - 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)PG2y PDCrown AA
    FT 3m (to date from appeal judgment taking into account PD partly served)
    nilDrove 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)VGMT 18m
    AT 18m
    ADpoor driving recordRan 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)PGMT 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)PGMT 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)
    NSW CCA [10]
    14.2.2001
    s.51A(1)VGMT 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)
    NSW CCA [86]
    21.3.2001
    s.51A(1)VGMT 3y
    AT 2y
    ADdriving record not goodDriving 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)PGHome detention
    18m
    NPP 6m
    Crown AA
    2y 9m PD
    nil priorsFell 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)PG22m suspended sentenceCrown ADnil relevantLost 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)
    PG3y
    NPP 12m
    PD (concurrent)
    Crown AA
    3y
    NPP 2y
    PD (concurrent)
    nil - minor traffic mattersDrove 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)
    VG2y
    NPP 12m
    AA
    16m
    NPP 8m
    mal dam; assaultCrossed 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)VG4y
    NPP 2y
    ADdrivingDriving 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)PG6y
    NPP 3y 5m
    ADFemale 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)
    PG2y suspended
    18m suspended
    (concurrent)
    Crown ADnilProvisional 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)
    VG6y
    NPP 3y
    4y
    NPP 2y
    (concurrent)
    ADtraffic offencesCollided 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)PG3y 6m
    NPP 2y 6m
    AA
    3y 6m
    NPP 2y 3m
    traffic offencesDriving 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)
    VG2y
    NPP 12m
    FT 6m
    (concurrent)
    Crown AA
    4y
    NPP 2y
    no priors - minor traffic recordDriver 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)VG3y 8m
    NPP 2y 9m
    ADlengthy record for dishonesty and driving offencesLost 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)PG5y
    NPP 3y
    AA
    4y
    NPP 1y 9m
    No prior criminal convictions – minor traffic mattersIntoxicated – 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)PG6y
    NPP 4y
    AA
    6y
    NPP 3y 6m
    Bad driving recordTruck 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)
    PG4y
    NPP 3y
    FT 3y (conc)
    ADBad driving recordDrove 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)PG3y 6m
    NPP 18m
    ADMinorWhile 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)PG3y
    NPP 15m
    ADNilOffender 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)VG2y
    NPP 12m
    Crown AA
    3y
    NPP 12m
    NilLost 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
    PG5y
    NPP 2y 6m
    ADTraffic and criminal record although gapDriving 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)VG4y
    NPP 2y 6m
    ADNo criminal record – traffic record not badDriving 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)PG5y
    NPP 2y 6m
    5y lic disq
    AA
    4y 3m
    NPP 2y
    5 y lic disq
    Number of driving offences, inc DUI over 10y agoWhile 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)
    PG5y
    NPP 3y
    FT 18m
    (concurrent)
    AA
    3y 6m
    NPP 2y
    Total
    4y
    NPP 2y 6m
    nilIntoxicated (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)VG2y
    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)
    NSW CCA [348]
    19.10.2005
    s.52A(1)
    s.52A(3)
    PG2y 9m
    NPP 1y 6m
    ADNil relevant – excellent traffic recordDriving 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)
    VG6y 8m
    NPP 5y
    AA
    6y
    NPP 4y 6m
    Poor recordDrug 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 PG6y
    NPP 4y
    AA
    (same effective sentence)
    Record – no relevant convictionsSpeeding 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)
    PGDriving 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)
    NSW CCA [308]
    22.9.2006
    s.52A(1)VG2y
    NPP 6m
    Crown AA
    2y 6m
    NPP 12m
    NilDriver 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)VG7y
    NPP 5y 3m
    ADNilDriver 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)
    VG3y 3m
    NPP 15m
    ADSpeedingTruck 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)VGHome Detention
    1y 4m
    NPP 8m
    Crown ADLost 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)PG6y
    NPP 3y
    AA
    4y
    NPP 2y 3m
    Traffic – speedingDistracted 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)PG4y 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)PG2y 3m
    NPP 12m
    Crown AA
    3y
    NPP 18m
    Poor driving record – booked five days previously for low range PCASpeeding 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)VG2y 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.



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