R v Munro [2019] NSWDC 743

R v Munro [2019] NSWDC 743

The aggravated dangerous driving causing death was serious because it caused death and involved excessive speed, but the only aggravating circumstance was speed more than 45 km/h above the limit, few if any other persons were put at risk apart from those in the vehicle, the offending was spontaneous, there was an absence of planning, and moral culpability fell towards the lower end rather than amounting to abandonment of responsibility. The AVO contravention was at the lower end because the contact was consensual and the AVO only prohibited attendance at Ms Smith's residence. Taking into account the guilty plea, prior good character, established remorse, extra-curial impact, reasonable...

Jurisdiction
Australia
Judgment Date
06 December 2019
Procedural Posture
Criminal Sentencing / Sentence After Pleas of Guilty
Outcome
The offender was convicted and sentenced to an overall term of 3 years imprisonment for the aggravated dangerous driving causing death offence, with conviction without penalty for the AVO offence.
Legal Topics
['aggravated Dangerous Driving Causing Death' 'contravention of Apprehended Violence Order' 'objective Seriousness' 'guilty Plea Discount' 'remorse' 'extra Curial Punishment' 'hardship to Family' 'rehabilitation' 'special Circumstances' 'disqualification From Driving']
['criminal Law' 'sentencing'] ['aggravated Dangerous Driving Causing Death' 'contravention of Apprehended Violence Order' 'objective Seriousness' 'guilty Plea Discount' 'remorse' 'extra Curial Punishment' 'hardship to Family' 'rehabilitation' 'special Circumstances' 'disqualification From Driving']

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Procedural Posture

Criminal Sentencing / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated dangerous driving causing death contrary to s 52A(2) of the Crimes Act 1900 (NSW).' 'What sentence should be imposed for contravening a prohibition or restriction of an apprehended violence order contrary to s 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW).' "How the offender's speed, moral culpability, subjective circumstances, guilty plea, remorse, extra-curial punishment, family hardship, prospects of rehabilitation and special circumstances should affect sentence."]

Ratio Decidendi

The aggravated dangerous driving causing death was serious because it caused death and involved excessive speed, but the only aggravating circumstance was speed more than 45 km/h above the limit, few if any other persons were put at risk apart from those in the vehicle, the offending was spontaneous, there was an absence of planning, and moral culpability fell towards the lower end rather than amounting to abandonment of responsibility. The AVO contravention was at the lower end because the contact was consensual and the AVO only prohibited attendance at Ms Smith's residence. Taking into account the guilty plea, prior good character, established remorse, extra-curial impact, reasonable...

Court Disposition

The offender was convicted and sentenced to an overall term of 3 years imprisonment for the aggravated dangerous driving causing death offence, with conviction without penalty for the AVO offence.

Orders

  • ['For the offence under s 52A(2) of the Crimes Act 1900 (NSW), the offender is sentenced to a non-parole term of 16 months to date from 18 March 2019 and to expire on 17 July 2020.' 'Thereafter the offender is to serve an additional term of 20 months imprisonment from 18 July 2020 to 17 March 2022, during which he...