R v Fennell (No 2) [2019] NSWDC 652

R v Fennell (No 2) [2019] NSWDC 652

The offender's conduct involved more than momentary inattention: she drove at least 58KPH in a 40KPH high pedestrian area, too fast for the conditions, while failing to maintain proper attention, and thereby caused Mrs Jones' death. Her moral culpability was not low, although not high. General deterrence, denunciation and proportionality required full-time imprisonment, but her remorse, good character, rehabilitation prospects, psychological condition, caring responsibilities and family hardship justified moderation of the sentence and a finding of special circumstances.

Jurisdiction
Australia
Judgment Date
11 November 2019
Procedural Posture
Criminal Sentencing for Dangerous Driving Causing Death / Sentence After Jury Verdict of Guilty
Outcome
The offender was convicted and sentenced to full-time imprisonment for 3 years with a non-parole period of 1 year, together with licence disqualification and ancillary orders.
Legal Topics
['dangerous Driving Causing Death' 'moral Culpability' 'general Deterrence' 'remorse' 'victim Impact Statements' 'family Hardship' 'special Circumstances' 'licence Disqualification']
['criminal Law' 'sentencing' 'road Traffic Offences'] ['dangerous Driving Causing Death' 'moral Culpability' 'general Deterrence' 'remorse' 'victim Impact Statements' 'family Hardship' 'special Circumstances' 'licence Disqualification']

Case Brief

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Procedural Posture

Criminal Sentencing for Dangerous Driving Causing Death / Sentence After Jury Verdict of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for driving in a manner dangerous occasioning death under s52A(1)(c) Crimes Act 1900 (NSW).' "Whether the offender's moral culpability was low, high, or between those levels having regard to speed, conditions and inattention." 'Whether a sentence other than full-time imprisonment, including an intensive corrections order, was available or appropriate.' "Whether family hardship, rehabilitation prospects and the offender's circumstances justified moderation of the sentence and a finding of special circumstances." 'What licence disqualification and ancillary orders should be made.']

Ratio Decidendi

The offender's conduct involved more than momentary inattention: she drove at least 58KPH in a 40KPH high pedestrian area, too fast for the conditions, while failing to maintain proper attention, and thereby caused Mrs Jones' death. Her moral culpability was not low, although not high. General deterrence, denunciation and proportionality required full-time imprisonment, but her remorse, good character, rehabilitation prospects, psychological condition, caring responsibilities and family hardship justified moderation of the sentence and a finding of special circumstances.

Court Disposition

The offender was convicted and sentenced to full-time imprisonment for 3 years with a non-parole period of 1 year, together with licence disqualification and ancillary orders.

Orders

  • ['In relation to the s 52A(1)(c) Crimes Act offence, the offender was convicted.' 'A non-parole period of 1 year was set commencing 8 November 2019, with release to parole on 7 November 2020.' 'A parole period of 2 years was imposed, with a total sentence of 3 years expiring on 7 November 2022.' 'The offender was...