R v Feltham [2024] NSWDC 378

R v Feltham [2024] NSWDC 378

The objective seriousness and moral culpability of the offending were at the lower end due to momentary inattention; the offender's strong subjective case, genuine remorse, and low risk of reoffending justified a sentence of 1 year and 11 months imprisonment to be served by way of an Intensive Correction Order and 12 month driver licence disqualification, rather than full-time custody.

Jurisdiction
Australia
Judgment Date
21 August 2024
Procedural Posture
Criminal / Sentence
Outcome
1 year and 11 months imprisonment to be served by way of an Intensive Correction Order; 12 month driver licence disqualification.
Legal Topics
['dangerous Driving Occasioning Death' 'sentencing' 'momentary Inattention' 'objective Seriousness' 'moral Culpability' 'intensive Correction Order' 'licence Disqualification']
['criminal Law'] ['dangerous Driving Occasioning Death' 'sentencing' 'momentary Inattention' 'objective Seriousness' 'moral Culpability' 'intensive Correction Order' 'licence Disqualification']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for dangerous driving occasioning death under s 52A(1)(c) Crimes Act 1900' 'Assessment of objective seriousness and moral culpability in driving offences' 'Application of sentencing principles and comparative cases']

Ratio Decidendi

The objective seriousness and moral culpability of the offending were at the lower end due to momentary inattention; the offender's strong subjective case, genuine remorse, and low risk of reoffending justified a sentence of 1 year and 11 months imprisonment to be served by way of an Intensive Correction Order and 12 month driver licence disqualification, rather than full-time custody.

Court Disposition

1 year and 11 months imprisonment to be served by way of an Intensive Correction Order; 12 month driver licence disqualification.

Orders

  • ['Imprisonment for 1 year and 11 months to be served by way of Intensive Correction Order' 'Driver licence disqualification for 12 months from 21 August 2024']