R v Lynch [2019] NSWDC 856

R v Lynch [2019] NSWDC 856

The offence was in the midrange of objective seriousness for s 52A(1)(c) Crimes Act 1900 due to prior convictions, drug and alcohol history, aggravated by commission while disqualified and on bail. Remorse and rehabilitation prospects warranted finding of special circumstances. Head sentence discounted for early plea. Injuries suffered by offender recognized as extra curial punishment. Sentence structured with extended non-parole period for supervision.

Parties
Offender: Justin Andrew Lynch; Crown: Regina
Jurisdiction
Australia
Judgment Date
19 December 2019
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted and sentenced
Legal Topics
Dangerous Driving Causing Death, Sentencing, Driving Under the Influence, Disqualification of Licence, Early Guilty Plea Discount, Rehabilitation, Aggravating Factors, Remorse
Criminal Law Dangerous Driving Causing Death Sentencing Driving Under the Influence Disqualification of Licence Early Guilty Plea Discount Rehabilitation Aggravating Factors +1 more

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Parties

Justin Andrew Lynch

Offender

Regina

Crown

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for dangerous driving causing death while under the influence of drugs and disqualified from driving
  2. 2 Consideration of offender’s remorse, injuries, rehabilitation prospects, prior history, and aggravating circumstances

Ratio Decidendi

The offence was in the midrange of objective seriousness for s 52A(1)(c) Crimes Act 1900 due to prior convictions, drug and alcohol history, aggravated by commission while disqualified and on bail. Remorse and rehabilitation prospects warranted finding of special circumstances. Head sentence discounted for early plea. Injuries suffered by offender recognized as extra curial punishment. Sentence structured with extended non-parole period for supervision.

Court Disposition

Offender convicted and sentenced

Orders

  • Sentence of imprisonment for 3 years 9 months (head sentence), starting 12 April 2020, non-parole period of 2 years 3 months expiring 11 July 2022, total expires 11 January 2024, finding of special circumstances
  • Conviction for driving during period of disqualification, no further penalty, disqualified for 6 months expiring on 22 September 2023