R v Boctor [2020] NSWDC 46

R v Boctor [2020] NSWDC 46

The offender's deliberate looking away from the road at buildings under construction for some seconds was not properly described as momentary inattention or misjudgement, but the offending was brief, involved no excessive speed, intoxication, substance abuse, erratic or aggressive driving, police pursuit, sleep deprivation or failure to stop, and fell at the very low end of objective seriousness for offences under s 52A(1)(c). With low moral culpability, genuine remorse, good character, low risk of reoffending and a 15% utilitarian discount for the guilty plea, an indicative sentence of imprisonment for one year and ten months was appropriate and could be served by way of an Intensive...

Jurisdiction
Australia
Judgment Date
26 February 2020
Procedural Posture
Criminal Sentence / Sentence Following Plea of Guilty; Sentence Hearing Returned Part Heard Pending Home Detention Assessment Report
Outcome
Offender convicted; bail granted; Home Detention Assessment Report directed; Court indicated intended sentence of one year and ten months imprisonment to be served by Intensive Corrections Order with home detention and community service conditions, and intended driver licence disqualification; matter returned part...
Legal Topics
['dangerous Driving Occasioning Death' 'crimes Act 1900 (nsw) S 52 A(1)(c)' 'momentary Inattention or Misjudgement' 'objective Seriousness' 'intensive Corrections Order' 'home Detention Condition' 'driver Licence Disqualification']
['criminal Law' 'sentencing' 'traffic Offences'] ['dangerous Driving Occasioning Death' 'crimes Act 1900 (nsw) S 52 A(1)(c)' 'momentary Inattention or Misjudgement' 'objective Seriousness' 'intensive Corrections Order' 'home Detention Condition' 'driver Licence Disqualification']

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Procedural Posture

Criminal Sentence / Sentence Following Plea of Guilty; Sentence Hearing Returned Part Heard Pending Home Detention Assessment Report

Legal Issues

  1. 1 ["Whether the offender's conduct fell within momentary inattention or misjudgement for the purpose of assessing moral culpability and objective seriousness." 'Whether a custodial sentence was required and, if so, whether it could appropriately be served by way of an Intensive Corrections Order rather than full-time custody.' "What sentence and ancillary orders were appropriate following the offender's guilty plea to driving in a manner dangerous causing death."]

Ratio Decidendi

The offender's deliberate looking away from the road at buildings under construction for some seconds was not properly described as momentary inattention or misjudgement, but the offending was brief, involved no excessive speed, intoxication, substance abuse, erratic or aggressive driving, police pursuit, sleep deprivation or failure to stop, and fell at the very low end of objective seriousness for offences under s 52A(1)(c). With low moral culpability, genuine remorse, good character, low risk of reoffending and a 15% utilitarian discount for the guilty plea, an indicative sentence of imprisonment for one year and ten months was appropriate and could be served by way of an Intensive...

Court Disposition

Offender convicted; bail granted; Home Detention Assessment Report directed; Court indicated intended sentence of one year and ten months imprisonment to be served by Intensive Corrections Order with home detention and community service conditions, and intended driver licence disqualification; matter returned part...

Orders

  • ['The offender is convicted.' 'Bail is granted on conditions that the offender attend court as and when required, attend Community Corrections, Hornsby office on 5 March 2020 or as otherwise directed, and comply with all reasonable directions of Community Corrections.' 'A Home Detention Assessment Report is to be...