R v Richardson [2022] NSWDC 596

R v Richardson [2022] NSWDC 596

The offender's drug-impaired, high-speed and erratic driving over a significant distance on a motorway, while suspended, created a very significant risk to other road users and caused serious and extensive injuries to his passenger. The objective seriousness was above the middle of the range and his moral culpability was of a very high order under the R v Whyte factors. Although his youth, lack of prior criminal history, guilty plea, remorse, rehabilitation prospects, COVID-19 custodial conditions and symptoms of adult ADHD moderated the sentence, the objective criminality was too high for an Intensive Correction Order. A full-time custodial sentence was required to punish, denounce, make...

Jurisdiction
Australia
Judgment Date
28 January 2022
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea
Outcome
The accused was convicted of aggravated dangerous driving occasioning grievous bodily harm and sentenced to imprisonment for 2 years 7 months with a non-parole period of 1 year 3 months. He was convicted of drive whilst suspended and, pursuant to s 10A, no further penalty was imposed.
Legal Topics
['aggravated Dangerous Driving Occasioning Grievous Bodily Harm' 'driving Under the Influence of Illicit Drugs' 'drive Whilst Suspended' 'objective Seriousness and Moral Culpability' 'guideline Judgment for Dangerous Driving' 'mental Health and Sentencing' 'intensive Correction Order' 'non Parole Period' 'licence Disqualification']
['criminal Law' 'sentencing' 'traffic and Driving Offences'] ['aggravated Dangerous Driving Occasioning Grievous Bodily Harm' 'driving Under the Influence of Illicit Drugs' 'drive Whilst Suspended' 'objective Seriousness and Moral Culpability' 'guideline Judgment for Dangerous Driving' 'mental Health and Sentencing' 'intensive Correction Order' 'non Parole Period' 'licence Disqualification']

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Procedural Posture

Criminal Sentence / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated dangerous driving under the influence of drugs occasioning grievous bodily harm, contrary to s 52A(4), Crimes Act.' 'What penalty should be imposed for drive whilst suspended on a s 166 certificate, contrary to s 54(3)(a), Road Transport Act.' "How the guideline judgment in R v Whyte [2002] NSWCCA 343 applied to the offender's moral culpability and objective seriousness." "Whether the offender's symptoms of adult ADHD reduced moral culpability or moderated deterrence." 'Whether an Intensive Correction Order or only full-time imprisonment was appropriate.' 'Whether special circumstances justified a longer period on parole.']

Ratio Decidendi

The offender's drug-impaired, high-speed and erratic driving over a significant distance on a motorway, while suspended, created a very significant risk to other road users and caused serious and extensive injuries to his passenger. The objective seriousness was above the middle of the range and his moral culpability was of a very high order under the R v Whyte factors. Although his youth, lack of prior criminal history, guilty plea, remorse, rehabilitation prospects, COVID-19 custodial conditions and symptoms of adult ADHD moderated the sentence, the objective criminality was too high for an Intensive Correction Order. A full-time custodial sentence was required to punish, denounce, make...

Court Disposition

The accused was convicted of aggravated dangerous driving occasioning grievous bodily harm and sentenced to imprisonment for 2 years 7 months with a non-parole period of 1 year 3 months. He was convicted of drive whilst suspended and, pursuant to s 10A, no further penalty was imposed.

Orders

  • ['For aggravated dangerous driving occasioning grievous bodily harm, the accused is convicted.' 'The non-parole period is 1 year and 3 months, dating from 5 August 2021 and expiring on 4 November 2022.' 'The total term is 2 years and 7 months, dating from 5 August 2021 and expiring on 4 March 2024.' 'The accused is...