R v Glover [2011] NSWDC 65

R v Glover [2011] NSWDC 65

Although the offence was objectively serious and in the mid-range for aggravated dangerous driving occasioning grievous bodily harm, with high moral culpability, a high-range PCA reading of 0.212, serious life-threatening injury to Ryder Glover, risk to other road users and an abominable driving record, the sentence was substantially reduced because of the earliest guilty plea, genuine remorse and contrition, the offender's serious self-inflicted injuries, the profound extra-curial suffering caused by injuring his own son, hardship to Ryder Glover, Natalie Suarez and Sienna, and the offender's prospects of rehabilitation with intensive supervision. Special circumstances justified an...

Jurisdiction
Australia
Judgment Date
12 April 2011
Procedural Posture
Criminal Sentence / Sentence After Plea of Guilty
Outcome
Offender convicted and sentenced to 22 months imprisonment with an 11-month non-parole period for aggravated dangerous driving occasioning grievous bodily harm; released to parole at expiry of the non-parole period. Convicted of driving whilst disqualified and ordered to enter a two-year good behaviour bond. Back-up...
Legal Topics
['aggravated Dangerous Driving Occasioning Grievous Bodily Harm' 'high Range Prescribed Concentration of Alcohol' 'extra Curial Punishment' 'extra Curial Suffering' 'family Hardship' 'rehabilitation' 'driving Disqualification']
['criminal Law' 'sentencing' 'traffic Offences'] ['aggravated Dangerous Driving Occasioning Grievous Bodily Harm' 'high Range Prescribed Concentration of Alcohol' 'extra Curial Punishment' 'extra Curial Suffering' 'family Hardship' 'rehabilitation' '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 occasioning grievous bodily harm contrary to Crimes Act 1900 s 52A(4).' "How the guideline judgments for offences under s 52A should be applied where the victim was the offender's son and the offender also suffered serious injury." 'Whether extra-curial punishment, extra-curial suffering, hardship to the victim and family, remorse and rehabilitation justified leniency.' 'Whether special circumstances justified departing from the statutory ratio between the head sentence and non-parole period.' 'What orders should be made for related charges of driving whilst disqualified and failing to ensure a child passenger was properly restrained.']

Ratio Decidendi

Although the offence was objectively serious and in the mid-range for aggravated dangerous driving occasioning grievous bodily harm, with high moral culpability, a high-range PCA reading of 0.212, serious life-threatening injury to Ryder Glover, risk to other road users and an abominable driving record, the sentence was substantially reduced because of the earliest guilty plea, genuine remorse and contrition, the offender's serious self-inflicted injuries, the profound extra-curial suffering caused by injuring his own son, hardship to Ryder Glover, Natalie Suarez and Sienna, and the offender's prospects of rehabilitation with intensive supervision. Special circumstances justified an...

Court Disposition

Offender convicted and sentenced to 22 months imprisonment with an 11-month non-parole period for aggravated dangerous driving occasioning grievous bodily harm; released to parole at expiry of the non-parole period. Convicted of driving whilst disqualified and ordered to enter a two-year good behaviour bond. Back-up...

Orders

  • ['On the principal charge under Crimes Act 1900 s 52A(4), the offender was convicted and sentenced to imprisonment with a non-parole period of 11 months commencing on 13 May 2010 and expiring on 12 April 2011.' 'A further period of imprisonment of 11 months was imposed to commence on expiry of the non-parole period...