R v Mark REAY [2018] NSWDC 386

R v Mark REAY [2018] NSWDC 386

The offender's blood alcohol level was very high, he had prior relevant PCA convictions, he drove for a substantial distance while intoxicated, and his driving on the Old Pacific Highway was erratic and aggressive, exposing many road users to risk. Although the victim made an excellent recovery with no significant ongoing sequelae and the offender had prospects of rehabilitation, his moral culpability was high and the guideline judgment required full-time imprisonment. A starting point of three years was reduced by 25% for the guilty plea to a head sentence of two years and three months. Special circumstances justified a non-parole period of one year and three months because the offender...

Jurisdiction
Australia
Judgment Date
20 June 2018
Procedural Posture
Criminal Sentence / Sentence After Plea of Guilty
Outcome
Offender convicted and sentenced to full-time imprisonment for two years and three months with a non-parole period of one year and three months; Form 1 matter taken into account; back-up offences dismissed by consent; offender disqualified from driving for three years.
Legal Topics
['aggravated Dangerous Driving Causing Grievous Bodily Harm' 'high Range Prescribed Concentration of Alcohol' 'guilty Plea Discount' 'non Parole Period' 'driving Disqualification']
['criminal Law' 'sentencing'] ['aggravated Dangerous Driving Causing Grievous Bodily Harm' 'high Range Prescribed Concentration of Alcohol' 'guilty Plea Discount' 'non Parole Period' 'driving Disqualification']

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Procedural Posture

Criminal Sentence / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated dangerous driving causing grievous bodily harm contrary to s 52A (4) of the Crimes Act 1900.' 'How the objective seriousness and moral culpability of the offence should be assessed under the guideline judgment in R v Whyte [2002] NSWCCA 343; (2002) 55 NSWLR 452.' 'Whether a full-time custodial sentence was required or whether a custodial sentence could be served by way of intensive correction in the community.' 'Whether special circumstances justified a non-parole period shorter than the statutory ratio.']

Ratio Decidendi

The offender's blood alcohol level was very high, he had prior relevant PCA convictions, he drove for a substantial distance while intoxicated, and his driving on the Old Pacific Highway was erratic and aggressive, exposing many road users to risk. Although the victim made an excellent recovery with no significant ongoing sequelae and the offender had prospects of rehabilitation, his moral culpability was high and the guideline judgment required full-time imprisonment. A starting point of three years was reduced by 25% for the guilty plea to a head sentence of two years and three months. Special circumstances justified a non-parole period of one year and three months because the offender...

Court Disposition

Offender convicted and sentenced to full-time imprisonment for two years and three months with a non-parole period of one year and three months; Form 1 matter taken into account; back-up offences dismissed by consent; offender disqualified from driving for three years.

Orders

  • ['Mark Reay is convicted.' 'Non-parole period of one year and three months commencing on 20 June 2018 and expiring on 19 September 2019.' 'Further period of imprisonment of one year to commence upon the expiration of the non-parole period and expiring on 19 September 2020.' 'Total sentence of two years and three...