R v Gerard De Groot [2016] NSWDC 93

R v Gerard De Groot [2016] NSWDC 93

The offender's dangerous driving occasioning death was below the mid-range of objective seriousness, but not far below it. As an experienced professional driver operating a semi-trailer with a B-double rig, he had 200 metres clear vision of vehicles protruding into the lane, failed to brake, and responded too late; the inattention persisted for a significant period and was not momentary. Four people were put at risk. Although the offender was genuinely remorseful, pleaded guilty early and suffered PTSD and depression, the court was satisfied that no alternative to full-time custody was appropriate. Special circumstances based on PTSD and depressed mood justified reducing the non-parole...

Jurisdiction
Australia
Judgment Date
27 May 2016
Procedural Posture
Criminal Sentence / Committed for Sentence After Guilty Plea
Outcome
Full-time custodial sentence imposed; offender convicted; driving disqualification imposed; s 166 Certificate charges withdrawn/dismissed or dismissed without further penalty.
Legal Topics
['dangerous Driving Occasioning Death' 'professional Driver' 'moral Culpability' 'full Time Custodial Sentence' 'special Circumstances' 'driving Disqualification']
['criminal Law' 'sentencing' 'traffic Offences'] ['dangerous Driving Occasioning Death' 'professional Driver' 'moral Culpability' 'full Time Custodial Sentence' 'special Circumstances' 'driving Disqualification']

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Procedural Posture

Criminal Sentence / Committed for Sentence After 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 offender's inattention while driving a B-double heavy vehicle was momentary or involved significant moral culpability." 'Whether any alternative to full-time custody was appropriate under s 5 of the Crimes (Sentencing Procedure) Act 1999.' 'Whether special circumstances justified adjustment of the statutory non-parole period ratio under s 44(2) of the Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

The offender's dangerous driving occasioning death was below the mid-range of objective seriousness, but not far below it. As an experienced professional driver operating a semi-trailer with a B-double rig, he had 200 metres clear vision of vehicles protruding into the lane, failed to brake, and responded too late; the inattention persisted for a significant period and was not momentary. Four people were put at risk. Although the offender was genuinely remorseful, pleaded guilty early and suffered PTSD and depression, the court was satisfied that no alternative to full-time custody was appropriate. Special circumstances based on PTSD and depressed mood justified reducing the non-parole...

Court Disposition

Full-time custodial sentence imposed; offender convicted; driving disqualification imposed; s 166 Certificate charges withdrawn/dismissed or dismissed without further penalty.

Orders

  • ['The offender is convicted of the offence pursuant to s 52A(1)(c) of the Crimes Act 1900.' 'The offender is sentenced to a non-parole period of imprisonment of 15 months commencing on 27 May 2016 and expiring on 26 August 2017.' 'The offender is sentenced to a further term of imprisonment of 12 months commencing on...