R v Marc Leopold Streel [2018] NSWDC 15

R v Marc Leopold Streel [2018] NSWDC 15

The presence of alcohol in the offender's system contributed to his impaired driving and elevated his culpability above cases of mere momentary inattention; balanced against his personal circumstances and early guilty plea, only a full-time custodial sentence was appropriate, with a reduction for special circumstances.

Jurisdiction
Australia
Judgment Date
16 February 2018
Procedural Posture
Criminal / Sentencing
Outcome
Convicted, sentenced to imprisonment
Legal Topics
['dangerous Driving Occasioning Death' 'sentencing' 'aggravating and Mitigating Factors' 'driving Under the Influence' 'momentary Inattention' 'moral Culpability']
['criminal Law'] ['dangerous Driving Occasioning Death' 'sentencing' 'aggravating and Mitigating Factors' 'driving Under the Influence' 'momentary Inattention' 'moral Culpability']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for dangerous driving occasioning death under s 52A(1)(c) Crimes Act 1900' 'Assessment of aggravating and mitigating factors on sentence, including blood alcohol concentration and character evidence' "Whether the offending involved only 'momentary inattention' or more substantial moral culpability"]

Ratio Decidendi

The presence of alcohol in the offender's system contributed to his impaired driving and elevated his culpability above cases of mere momentary inattention; balanced against his personal circumstances and early guilty plea, only a full-time custodial sentence was appropriate, with a reduction for special circumstances.

Court Disposition

Convicted, sentenced to imprisonment

Orders

  • ['Convicted of dangerous driving occasioning death pursuant to s 52A(1)(c) Crimes Act 1900' 'Non-parole period of 14 months imprisonment from 16 February 2018 to 15 April 2019' 'Balance of term of 13 months imprisonment (16 April 2019 to 15 May 2020)' 'Parole eligibility date: 15 April 2019' 'Convicted of low range...