R v Whybrow [2007] NSWDC 223

R v Whybrow [2007] NSWDC 223

The offender's offences were very serious because, after consuming enough intoxicating liquor to produce a blood alcohol concentration of 0.150g of alcohol in 100ml of blood, he caused his vehicle to cross double unbroken centre lines and collide with another vehicle, killing Mr and Mrs Thomas and seriously injuring Ms Thomas. His moral culpability was neither high nor low, the principal aggravating factor was the prescribed concentration of alcohol, and he had abandoned responsibility for his driving. Balancing seriousness and general deterrence against his guilty pleas, genuine remorse, prior good character, relatively good driving record, excellent rehabilitation prospects and low...

Jurisdiction
Australia
Judgment Date
02 November 2007
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas
Outcome
Offender convicted and sentenced to an overall term of imprisonment of nine years with a non-parole period of five years four months and a parole period of three years eight months; backup charge dismissed; licence disqualification imposed.
Legal Topics
['aggravated Dangerous Driving Causing Death' 'aggravated Dangerous Driving Causing Grievous Bodily Harm' 'high Range Prescribed Concentration of Alcohol' 'moral Culpability' 'guilty Plea Discount' 'general Deterrence' 'totality']
['criminal Law' 'sentencing'] ['aggravated Dangerous Driving Causing Death' 'aggravated Dangerous Driving Causing Grievous Bodily Harm' 'high Range Prescribed Concentration of Alcohol' 'moral Culpability' 'guilty Plea Discount' 'general Deterrence' 'totality']

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['What sentences should be imposed for two offences of aggravated dangerous driving causing death and one offence of aggravated dangerous driving causing grievous bodily harm arising from one collision.' "How the offender's blood alcohol concentration of 0.150g of alcohol in 100ml of blood affected moral culpability and objective seriousness." 'What allowance should be made for guilty pleas, remorse, rehabilitation prospects, prior character and driving record.' 'Whether the sentences should be served concurrently, consecutively or partly concurrently and partly consecutively.']

Ratio Decidendi

The offender's offences were very serious because, after consuming enough intoxicating liquor to produce a blood alcohol concentration of 0.150g of alcohol in 100ml of blood, he caused his vehicle to cross double unbroken centre lines and collide with another vehicle, killing Mr and Mrs Thomas and seriously injuring Ms Thomas. His moral culpability was neither high nor low, the principal aggravating factor was the prescribed concentration of alcohol, and he had abandoned responsibility for his driving. Balancing seriousness and general deterrence against his guilty pleas, genuine remorse, prior good character, relatively good driving record, excellent rehabilitation prospects and low...

Court Disposition

Offender convicted and sentenced to an overall term of imprisonment of nine years with a non-parole period of five years four months and a parole period of three years eight months; backup charge dismissed; licence disqualification imposed.

Orders

  • ['For each of the three offences to which Jamie Samuel George Whybrow pleaded guilty, he was convicted.' 'For the offence of dangerous driving causing grievous bodily harm to Ms Thomas, imprisonment for three years four months, with a non-parole period of two years from 24 October 2007 to 23 October 2009, and a...