R v Steven Barnett [2016] NSWDC 302

R v Steven Barnett [2016] NSWDC 302

The offender's failure to keep a proper lookout occurred because he took his eyes off the road for about five seconds while driving a heavy vehicle at 100 kilometres per hour, causing a fatal collision with a stationary car. Although the consequences were catastrophic and the s 5 imprisonment threshold was met, the conduct was momentary inattention, did not involve speed beyond the legal limit, alcohol, drugs, fatigue, erratic driving or abandonment of responsibility, and involved low moral culpability though not the lowest level. Given the offender's compelling subjective case, genuine remorse, prior responsible driving, good character, rehabilitation and minimal risk of reoffending, a...

Jurisdiction
Australia
Judgment Date
16 September 2016
Procedural Posture
Criminal Sentence for Dangerous Driving Occasioning Death Contrary to S 52 A(1)(c) of the Crimes Act 1900 / After Jury Trial and Guilty Verdict; Sentence Proceedings Adjourned for Intensive Correction Order Assessment
Outcome
Order made for an intensive correction order assessment; matter adjourned to 4 November 2016. The court indicated that, if the assessment were favourable, it would impose two years imprisonment to be served by way of an intensive correction order.
Legal Topics
['dangerous Driving Occasioning Death' 'momentary Inattention' 'moral Culpability' 'intensive Correction Order' 'imprisonment as Last Resort' 'general Deterrence' 'remorse and Rehabilitation']
['criminal Law' 'sentencing'] ['dangerous Driving Occasioning Death' 'momentary Inattention' 'moral Culpability' 'intensive Correction Order' 'imprisonment as Last Resort' 'general Deterrence' 'remorse and Rehabilitation']

Case Brief

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Procedural Posture

Criminal Sentence for Dangerous Driving Occasioning Death Contrary to S 52 A(1)(c) of the Crimes Act 1900 / After Jury Trial and Guilty Verdict; Sentence Proceedings Adjourned for Intensive Correction Order Assessment

Legal Issues

  1. 1 ["Whether the offender's driving involved momentary inattention or a higher degree of moral culpability" 'Whether the threshold for imprisonment under s 5 of the Crimes (Sentencing Procedure) Act 1999 was met' 'Whether a two year term of imprisonment could appropriately be served by way of an intensive correction order' "What weight should be given to the offender's remorse, prior good character, health issues, rehabilitation prospects and claimed hardship to third parties"]

Ratio Decidendi

The offender's failure to keep a proper lookout occurred because he took his eyes off the road for about five seconds while driving a heavy vehicle at 100 kilometres per hour, causing a fatal collision with a stationary car. Although the consequences were catastrophic and the s 5 imprisonment threshold was met, the conduct was momentary inattention, did not involve speed beyond the legal limit, alcohol, drugs, fatigue, erratic driving or abandonment of responsibility, and involved low moral culpability though not the lowest level. Given the offender's compelling subjective case, genuine remorse, prior responsible driving, good character, rehabilitation and minimal risk of reoffending, a...

Court Disposition

Order made for an intensive correction order assessment; matter adjourned to 4 November 2016. The court indicated that, if the assessment were favourable, it would impose two years imprisonment to be served by way of an intensive correction order.

Orders

  • ['Matter adjourned to Friday 4 November 2016, not before 2pm, at the Sydney District Court.' 'Order for an intensive correction order assessment.' 'Steven Barnett directed to attend the Albury office of Community Corrections within seven days to facilitate preparation of the assessment.']