R v Woodward [2013] NSWDC 264

R v Woodward [2013] NSWDC 264

Because the offender, while on a provisional licence and after drinking, drove at excessive speed, crossed unbroken lines near the crest of a hill, lost control and caused the death of his passenger, his moral culpability was very high and a substantial custodial sentence was required for punishment and general deterrence; ordinary family hardship and remorse did not justify a lesser outcome, and there were no special circumstances.

Jurisdiction
Australia
Judgment Date
25 November 2013
Procedural Posture
Criminal Sentencing for Dangerous Driving Causing Death / Sentence
Outcome
Sentenced to imprisonment consisting of a non-parole period of 4½ years and a head sentence of 6 years; disqualified from driving for 5 years.
Legal Topics
['dangerous Driving Causing Death' 'provisional Licence' 'speeding' 'blood Alcohol in Excess of Limit Permitted for Provisional Licence Holders' 'general Deterrence' 'driving Disqualification']
['criminal Law' 'sentencing' 'traffic Offences'] ['dangerous Driving Causing Death' 'provisional Licence' 'speeding' 'blood Alcohol in Excess of Limit Permitted for Provisional Licence Holders' 'general Deterrence' 'driving Disqualification']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing for Dangerous Driving Causing Death / Sentence

Legal Issues

  1. 1 ['What sentence should be imposed for dangerous driving causing death where the offender, a provisional licence holder, drove after drinking, sped, crossed unbroken lines near the crest of a hill, lost control and killed a passenger.' "Whether hardship to the offender's partner and children affected sentence." 'Whether there were special circumstances.']

Ratio Decidendi

Because the offender, while on a provisional licence and after drinking, drove at excessive speed, crossed unbroken lines near the crest of a hill, lost control and caused the death of his passenger, his moral culpability was very high and a substantial custodial sentence was required for punishment and general deterrence; ordinary family hardship and remorse did not justify a lesser outcome, and there were no special circumstances.

Court Disposition

Sentenced to imprisonment consisting of a non-parole period of 4½ years and a head sentence of 6 years; disqualified from driving for 5 years.

Orders

  • ['The offender is sentenced to imprisonment with a non-parole period of four and a half years commencing 25 November 2013.' 'The head sentence is six years.' 'The non-parole period will expire on 24 May 2018, on which day the offender is eligible to be released to parole.' 'Mr Woodward is disqualified from driving...