R v Raymond [2019] NSWDC 679

R v Raymond [2019] NSWDC 679

Given the offender's prior good character, remorse, low objective seriousness at the top of the low range, her rehabilitation prospects, and the lack of aggravating features, the appropriate sentence for the offence of dangerous driving occasioning death is 2 years' imprisonment to be served by Intensive Corrections Order with mandatory conditions including 400 hours of community service. The lesser offences are to be dealt with by community corrections orders and periods of disqualification in accordance with the statutory scheme and proportionality requirements.

Jurisdiction
Australia
Judgment Date
15 March 2019
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to 2 years’ imprisonment for dangerous driving occasioning death to be served by Intensive Corrections Order with community service; further disqualified from driving and other orders for secondary offences.
Legal Topics
['dangerous Driving Occasioning Death' 'fail to Stop and Assist' 'drive With Low Range Pca' 'sentencing']
['criminal Law'] ['dangerous Driving Occasioning Death' 'fail to Stop and Assist' 'drive With Low Range Pca' 'sentencing']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for dangerous driving occasioning death under s 52A(1)(C) of the Crimes Act?' 'What is the appropriate sentence for failing to stop and assist under s 52A(b)1 of the Crimes Act?' 'How should the low range PCA offence be sentenced given the facts and circumstances?']

Ratio Decidendi

Given the offender's prior good character, remorse, low objective seriousness at the top of the low range, her rehabilitation prospects, and the lack of aggravating features, the appropriate sentence for the offence of dangerous driving occasioning death is 2 years' imprisonment to be served by Intensive Corrections Order with mandatory conditions including 400 hours of community service. The lesser offences are to be dealt with by community corrections orders and periods of disqualification in accordance with the statutory scheme and proportionality requirements.

Court Disposition

Offender sentenced to 2 years’ imprisonment for dangerous driving occasioning death to be served by Intensive Corrections Order with community service; further disqualified from driving and other orders for secondary offences.

Orders

  • ["2 years' imprisonment for dangerous driving occasioning death (s 52A(1)(C) Crimes Act) to be served by Intensive Corrections Order with standard and additional conditions (including 400 hours community service), commencing 15 March 2019 and expiring 14 March 2021" 'Disqualified from driving for 3 years, backdated...