R v Jones [2006] NSWDC 43

R v Jones [2006] NSWDC 43

Given the objective seriousness of the offence, the offender's moral culpability falls towards the lower end of the range. The only relevant aggravating factor was excessive speed; other allegedly aggravating factors were unsupported by evidence or not relevant to dangerousness. The sentence was discounted by 15% for the guilty plea. Special circumstances justify non-parole and parole periods each of 1 year 3 months, and the non-parole period should be served by periodic detention due to the offender's personal circumstances and hardship to her children.

Parties
Prosecution: Regina; Offender: Catherine Mary Jones
Jurisdiction
Australia
Judgment Date
16 August 2006
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to imprisonment with periodic detention, licence disqualification; back-up and related charges dismissed.
Legal Topics
Dangerous Driving Causing Death, Moral Culpability, Aggravating and Mitigating Factors, Effect of Hardship on Offender's Children
Criminal Law Sentencing Dangerous Driving Causing Death Moral Culpability Aggravating and Mitigating Factors Effect of Hardship on Offender's Children

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Parties

Regina

Prosecution

Catherine Mary Jones

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for dangerous driving causing death
  2. 2 Relevance of aggravating and mitigating factors
  3. 3 Assessment of moral culpability

Ratio Decidendi

Given the objective seriousness of the offence, the offender's moral culpability falls towards the lower end of the range. The only relevant aggravating factor was excessive speed; other allegedly aggravating factors were unsupported by evidence or not relevant to dangerousness. The sentence was discounted by 15% for the guilty plea. Special circumstances justify non-parole and parole periods each of 1 year 3 months, and the non-parole period should be served by periodic detention due to the offender's personal circumstances and hardship to her children.

Court Disposition

Convicted and sentenced to imprisonment with periodic detention, licence disqualification; back-up and related charges dismissed.

Orders

  • Imprisonment for 2 years 6 months for dangerous driving causing death
  • Non-parole period of 1 year 3 months