R v Lindrea [2024] NSWDC 148

R v Lindrea [2024] NSWDC 148

The offender's dangerous driving occasioned a death, but the objective criminality was low because the collision resulted from momentary inattention or distraction while using the telephone, coupled with wet road conditions, rather than a prolonged abandonment of responsibility; he was under the speed limit, most Whyte aggravating factors were absent, he was sincerely remorseful, had excellent prospects of rehabilitation, was a low risk of reoffending, was employed, and had family responsibilities. Although the s 5 imprisonment threshold was crossed, community safety would be better promoted by an intensive correction order than by full-time imprisonment.

Jurisdiction
Australia
Judgment Date
09 February 2024
Procedural Posture
Criminal Sentence for Dangerous Driving Occasioning Death / Sentence After Early Guilty Plea
Outcome
The offender was convicted and sentenced to two years' imprisonment to be served by way of an intensive correction order, with a 12 month driving disqualification.
Legal Topics
['dangerous Driving Occasioning Death' 'early Guilty Plea' 'objective Seriousness' 'momentary Inattention' 'remorse' 'rehabilitation' 'intensive Correction Order' 'licence Disqualification']
['criminal Law' 'sentencing' 'traffic Offences'] ['dangerous Driving Occasioning Death' 'early Guilty Plea' 'objective Seriousness' 'momentary Inattention' 'remorse' 'rehabilitation' 'intensive Correction Order' 'licence Disqualification']

Case Brief

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Procedural Posture

Criminal Sentence for Dangerous Driving Occasioning Death / Sentence After Early Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for dangerous driving occasioning death contrary to s 52A(1)(c) of the Crimes Act 1900.' 'Whether the objective seriousness of the offending was at the mid-range or below the mid-range.' 'Whether the collision resulted from momentary inattention or a more serious abandonment of responsibility.' 'Whether the sentence of imprisonment should be served by full-time custody or by an intensive correction order.' 'What licence disqualification period should be imposed.']

Ratio Decidendi

The offender's dangerous driving occasioned a death, but the objective criminality was low because the collision resulted from momentary inattention or distraction while using the telephone, coupled with wet road conditions, rather than a prolonged abandonment of responsibility; he was under the speed limit, most Whyte aggravating factors were absent, he was sincerely remorseful, had excellent prospects of rehabilitation, was a low risk of reoffending, was employed, and had family responsibilities. Although the s 5 imprisonment threshold was crossed, community safety would be better promoted by an intensive correction order than by full-time imprisonment.

Court Disposition

The offender was convicted and sentenced to two years' imprisonment to be served by way of an intensive correction order, with a 12 month driving disqualification.

Orders

  • ['The offender is convicted.' 'The offender is sentenced to a term of imprisonment of two years, to be served by way of an Intensive Corrections Order.' 'The offender is not to commit any offence.' 'The offender is to submit to the supervision of a Community Corrections Officer.' 'The offender is to undergo...