| Case | Offence | Plea | Sentence | Appeal | Record | Facts |
JURISIC)
(1998) 101 A Crim R 529 | 3 x s.52A(3) | PG | Home Det
18m
2y GBB
Disq 1y | Crown AA
MT 1y
AT 1y
(Backdated to commence date of original sentence)
Disq 2y | Four driving related offences; many traffic offences | Driving along Warringah Freeway mid afternoon. Mounted kerb and hit wall. Crossed back across six lanes, crossed median strip, entered oncoming traffic and hit V’s car. Father and two children injured. 0.05mg of cocaine in blood.
Married, expecting child at time of offence. |
PYRITZ
(52)
NSW CCA 23.11.1998 | s.52A(3) | VG | 2y PD
Disq 12m | AA
Fine $1000
Exceptional circumstances. | Nil. Minor traffic. Long history of driving. | Female drove through intersection colliding with car. Passenger injured. “Momentarily preoccupied”, “careless as distinct from deliberate,” “slightly more serious than momentary inattention”. Intersection very dangerous - view obstructed. Excellent character. Lower end of scale of seriousness. Fresh evidence on appeal - hormonal imbalance. |
AUSTIN
(31)
NSW CCA 24.5.1999 | 4 x s.52A(3) | PG | MT 3y
AT 1y
(concurrent) | AD | Bad driving record including speeding, dangerous and negligent driving, unlicensed | Crossed double yellow lines at high speed on left-hand bend to overtake vehicle. Lost control colliding with oncoming vehicle. Injured driver and two passengers in other vehicle as well as own passenger. |
SCOTT
(26)
NSW CCA
6.8.1999 | s.52A(3) | PG | MT 2y
AT 2y | AD | negligent driving /
fail to stop / exceed speed | Intoxicated (alcohol 0.160). Drove at high speed weaving through traffic and tailgating. Clipped back of another car which veered onto wrong side of the road colliding with oncoming vehicle. “Not far removed from worst case.” |
McGUINESS
NSW CCA 17.9.1999 | s.52A(3) | PG | MT 18m
AT 6m | AD | 2 x low PCA | Whilst intoxicated (0.101) failed to negotiate bend in the road. Vehicle left the road and hit a tree resulting in injuries to passenger. Young offender. Remorse. |
GLEESON
(25)
NSW CCA
20.3.2000 | 2 x s.52A(3) | PG | MT 18m
AT 6m
Disq 3y | AD | 2 x low PCA | Lost control of car and drove into on-coming vehicle. Excessive speed, intoxication and poor condition of tyres. (Intoxication just under s.52A(4) level). V suffered serious orthopaedic injuries and head injuries. |
ARDRON
(21)
NSW CCA [412]
11.10.2000 | s.52A(3)
Sched:
Unlic driving
Self admin marijuana | PG | MT 1y 4m
AT 1y 4m | AD | nil | Female - Driving fast and intoxicated lost control around a bend and injured passenger in back seat.
Contrition, prior good character, efforts at rehabilitation. |
BECKETT
(18)
NSW CCA [424]
13.10.2000 | s.52A(3) | PG | 2y
NPP 12m | AD | Licence suspended due to poor driving subsequent to accident | Driving in manner dangerous.
Struck 4y child causing brain damage and quadriplegia. Combination of factors constituted dangerous driving over a crest in road, momentarily blocking view of road ahead. Went beyond momentary or casual lapse of attention.
Good character. Catastrophic effect of accident on A.. |
VITASOVIC
(27)
NSW CCA [323]
23.10.2000 | s.52A(3) | PG | MT 22.5m
AT 7.5m | AA
error in characterising offence as “sustained course of dangerous driving”
2y
NPP 12m | nil - speeding offences | Collided with car at intersections after applying brakes and skidding for 33 metres. Child in other car suffered brain damage as result of collision. Speeding (90kph in 60kph zone)
Strong subjective case; genuine remorse; psychological problems making him vulnerable in gaol. |
ROMANIC
(50)
NSW CCA [524]
28.11.2000 | s.52A(3) | PG | 22m
NPP 18m
PD | Crown AA
12m
NPP 9m | nil - six traffic infringements | Intoxicated and collided with car on opposite side of road injuring driver and passenger.
Good subjective features; |
KILBORN
(28)
NSW CCA [116]
30.3.2001 | s.52A(3)(a) | PG | 3y
NPP 2y | AA
2y 6m
NPP 15m | driving record not good but not so bad as to preclude leniency | Intoxicated struck taxi driver standing next to taxi on road. Car out of control and struck two other cars injuring drivers. First victim suffered permanent brain damage. Abandonment of responsibility- not gross but appreciable.
Difficult childhood - high degree of remorse - concern for safety in custody - importance of rehabilitation - fragile psychological state. |
PARK
NSW CCA [313]
13.8.2001 | 2 x s.52A(3) | PG | 2y
NPP 1y
(concurrent) | AD | nil | Alcohol range 0.148-0.170. Collided with another car then tree. Two passengers in appellant’s car injured. |
KADDOUR
NSW CCA [112]
5.4.2002 | s.52A(3) | VG | 6y
NPP 4y 6m | AA
4y
NPP 3y 3m | bad traffic record - repeated speeding offences - unlicensed | Driving in Lamborghini - crossed median strip and collided with on-coming traffic - speeding - no alcohol or drugs |
COOK
(21)
NSW CCA [140]
24.4.2002 | s.52A(3) | PG | 22m
NPP 12m | AD | nil | Collided with rear of another vehicle, resulting in severe injuries (brain damage and permanent disability) to other driver. Excessive speed. Left scene of accident but surrendered to police next day.
Remorse. Good work history. Settled family life. |
BURKE
(19)
NSW CCA [456]
13.11.2002 | s.52A(3) | PG | 18m
NPP 13m 2w | AD | no criminal or traffic record | Learner driver in car without licensed driver - Intoxicated and speeding - Lost control of car - Wet road - Passenger badly injured - Serious culpability
Remorse and contrition - Evidence of prior good character |
SHANNON
(47)
NSW CCA [106]
17.4.2003 | 2 x s.52A(3)
Sched:
Drive under influ of drug
Drive while disqualified | PG | 18m
NPP 9m
(concurrent) | Crown AD | minor traffic record | Female - Veered to incorrect side of road and injured oncoming driver - 9 months later committed identical offence - on both occasions under influence of morphine and diazepam - On second occasion drive while licence suspended
Exceptional circumstances - physical and mental problems - Major depressive disorder - Prescribed medication |
COLLINS
(29)
NSW CCA [244]
1.9.2003 | s.52A(3)(c)
Sched:
Fail to stop
Drive disqual | PG | 4y 6m
NPP 3y 4.5m | AA
3y 3m
NPP 2y 3m | Appalling | Became involved in altercation with persons at party next door – Drove off in car and collided with water main – Turned around and drove at group – Collided with male breaking leg – “rage” incident
Protection |
ROYAL
NSW CCA [275]
29.9.2003 | s.52A(3)(c) | PG | 16m
NPP 4m | Crown AD
(discretion) | No prior criminal convictions – minor speeding matter | Female - Took high dose of amphetamines prior to driving – Micro sleep – Collided with on-coming vehicle – Total abandonment of responsibility
Severe mental and personality problems although limited relationship to offending |
CLARK
NSW CCA [288]
6.8.2003 | s.52A(3)(c) | PG | 2y PD | AA
18m, suspended | Minor traffic | Drove over pedestrian at street corner – Accelerated from stop – Failed to ensure pedestrian away from car – Momentary judgment
Carer of adult disabled child and wife – Exceptional community service – Exceptional impact on family |
BRANDT
NSW CCA [3]
3.2.2004 | s.52A(3) | PG | 3y 6m
NPP 2y | AD | No criminal record – unlicensed driver | Ran over pedestrian at crossing – Drove through red light – Raining with poor visibility – did not stop and made false report – permanent and serious injuries
Difficult family life – family trauma at time of offence |
CAMPTON
(31)
NSW CCA [56]
24.3.2004 | s.52A(3) | PG | 2y 6m
NPP 1y 6m
PD | Crown AD
(sentence inadequate but dismissed under exercise of discretion) | Poor driving record – includes criminal record for PCA | Drove through red light and collided with car – Driver injured – Intoxicated – Fled scene and lied about driving – Unlicensed – Car unregistered and uninsured
Evidence of rehabilitation – Delay in bringing appeal |
WHELAN
NSW CCA [379]
29.10.2004 | s.52A(3) | PG | 2y, suspended | Crown AD
AA
2y
NPP 12m
Suspended | Poor driving record | Riding motor bike collided with turning traffic – Pillion passenger injured – Unable to avoid collision – Very low culpability – Intoxication
Unlicensed, uninsured and unregistered – Remorse – Good character |
NILSSON
(29)
NSW CCA [34]
18.2.2005 | 2 x s.52A(3) | PG | 5y
NPP 3y 9m | AA
4y 9m
NPP 3y 9m | Dishonesty and driving offences – breached bail and bond | Failed to negotiate bend on busy road – crossed median strip and collided with oncoming traffic – injured driver and own passenger – under influence of drug – rohypnol and cannabis - unlicenced |
HICKS
(33)
NSWCCA [90]
15.3.2005 | 2 x s52A(3)(c)
Sched
1 x drive disq
1 x LRPCA | PG | 16m
NPP 12m
3y lic disq | AD | Some prior driving offences | Driving over the 100 km speed limit, car left the road and collided with road signs before rolling onto side – 2 passengers injured and in critical condition – BAC 0.064 – A no recollection of event
Alcohol and drugs – MH problems – psychotic delusions – good prospects of rehabilitation |
DUTTON
(28)
NSW CCA [248]
20.7.2005 | s.52A(3)(a) | PG | 2y
NPP 18m
Suspended | Crown AA
2y
NPP 15m
(PD) | Minor | Female drove intoxicated – sideswiped parked motor vehicle and passenger lost hand |
FORD
(20)
NSW CCA [9]
7.2.2006 | 2 x s.52A(3)(a) | PG | 3y
NPP 2y 3m | AA
(only to restructure sentence – same effective sentence imposed) | Extensive record – breached bail and periodic detention – Poor traffic record | Speeding – Overtook vehicles on crest across unbroken lines – collided on coming vehicle – injured passenger and driver – angry at being overtaken by vehicles |
TAYLOR
NSW CCA [7]
3.2.2006 | s.52A(3) | PG | 2y
NPP 12m | AD |  | Driver of wagon with trailer hit rear of car – car forced into pole causing serious injuries to driver
Emotional turmoil, sleep deprivation, one beer, marijuana – Deep remorse |
WOODLAND
(22)
NSW CCA [29]
14.2.2007 | s.52A(3)(c)
Drive intox
Dribe unreg
Drive unlic | PG | 18m
NPP 9m
PD
($600 fine) | Crown AD
(exercise of discretion of court to dismiss appeal) | Nil – breached bail | After drinking at party borrowed car without asking to return to party – lost control and collided with tree – passenger injured
De facto partner with child – prospects of rehabilitation |
Money
(57)
NSW CCA [317]
19.11.2007 | s. 52A(3) | PG | 4y 3m
NPP 2y 9m | AD | Nil. Number of traffic matters. | Whilst under influence of drugs drove erratically on Pacific Highway – missed a number of vehicles over 50km distance – drove on to wrong side of road causing collision.
Gross abandonment of responsibility – high level moral culpability. |
Rosenthal
NSW CCA [149]
2.7.2008 | s.52A(3) | PG | 3y 6m
NPP 2y 6m | AA
3y
NPP 1y 9m | On bail. Disqualified driver. Speeding, Traffic, Dishonesty. | Under influence of ecstasy - left road colliding with safety barriers – caused injuries to pregnant girlfriend travelling as passenger – their unborn child did not survive – A also seriously injured.
A’s ecstasy use to control Tourette’s disorder – offence less serious than if drug consumed solely for pleasure.
SJ erred in taking into account A was disqualified driver and on bail on question of “abandonment of responsibility.”
Continued support from victim / partner. |
