R v Melissa MCKEOWN [2013] NSWDC 22

R v Melissa MCKEOWN [2013] NSWDC 22

A substantial custodial sentence was required because the offender drove while heavily intoxicated, ignored an attempt by a friend to stop her, crossed to the wrong side of a well used road, killed Ms McMahon and injured two other women, giving her very high moral culpability. The sentence was reduced to reflect the early guilty plea and acceptance of responsibility, and a lesser non-parole period was justified by special circumstances including her depressive condition, the likely harsher impact of custody, the effect on her young disabled son, and her need for assistance on release.

Jurisdiction
Australia
Judgment Date
01 March 2013
Procedural Posture
Sentence for Dangerous Driving Causing Death / Sentencing After Early Guilty Plea
Outcome
The accused was convicted and sentenced to imprisonment for five years and three months with a non-parole period of three years.
Legal Topics
['dangerous Driving Causing Death' 'imprisonment' 'non Parole Period' 'form 1 Matters' 'victim Impact Statements' 'general Deterrence' 'remorse' 'special Circumstances' 'licence Disqualification']
['criminal Law' 'sentencing' 'traffic Offences'] ['dangerous Driving Causing Death' 'imprisonment' 'non Parole Period' 'form 1 Matters' 'victim Impact Statements' 'general Deterrence' 'remorse' 'special Circumstances' 'licence Disqualification']

Case Brief

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Procedural Posture

Sentence for Dangerous Driving Causing Death / Sentencing After Early Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for the aggravated dangerous driving causing death offence.' "How the offender's early guilty plea, remorse, depression, prior good character and family circumstances should affect sentence." 'How the Form 1 matters concerning injuries to two other women should affect sentence.' 'Whether special circumstances justified a lesser non-parole period.']

Ratio Decidendi

A substantial custodial sentence was required because the offender drove while heavily intoxicated, ignored an attempt by a friend to stop her, crossed to the wrong side of a well used road, killed Ms McMahon and injured two other women, giving her very high moral culpability. The sentence was reduced to reflect the early guilty plea and acceptance of responsibility, and a lesser non-parole period was justified by special circumstances including her depressive condition, the likely harsher impact of custody, the effect on her young disabled son, and her need for assistance on release.

Court Disposition

The accused was convicted and sentenced to imprisonment for five years and three months with a non-parole period of three years.

Orders

  • ['Melissa Jane McKEOWN is convicted.' 'The Form 1 matters are taken into account.' 'Special circumstances are found.' 'The offender is sentenced to imprisonment for five years and three months, consisting of a non-parole period of three years commencing 1 March 2013 and expiring on 29 February 2016.' 'The offender...