R v Schilder (No 2) [2013] NSWDC 24

R v Schilder (No 2) [2013] NSWDC 24

The offender’s offending was in the mid-range of objective seriousness with high moral culpability, due primarily to knowing endangerment, repeated deception to authorities and medical practitioners to procure a licence, and driving while sleep deprived in breach of medical advice. His sentence was moderated by early plea, genuine remorse, intellectual limitations, health, and subjective circumstances. Special circumstances were found, warranting a reduction in the non-parole period.

Parties
Crown: Regina; Offender: Daniel Gordon Schilder
Jurisdiction
Australia
Judgment Date
24 January 2013
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to terms of imprisonment for dangerous driving occasioning death and dangerous driving occasioning grievous bodily harm; special circumstances found; sentences partially accumulated; licence disqualification imposed; back-up charges dismissed.
Legal Topics
Dangerous Driving Occasioning Death, Dangerous Driving Occasioning Grievous Bodily Harm, Sentencing, Moral Culpability, Aggravating and Mitigating Factors
Criminal Law Dangerous Driving Occasioning Death Dangerous Driving Occasioning Grievous Bodily Harm Sentencing Moral Culpability Aggravating and Mitigating Factors

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Parties

Regina

Crown

Daniel Gordon Schilder

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for dangerous driving occasioning death
  2. 2 Appropriate sentence for dangerous driving occasioning grievous bodily harm
  3. 3 Objective seriousness and moral culpability of offending given epilepsy and intellectual disability

Ratio Decidendi

The offender’s offending was in the mid-range of objective seriousness with high moral culpability, due primarily to knowing endangerment, repeated deception to authorities and medical practitioners to procure a licence, and driving while sleep deprived in breach of medical advice. His sentence was moderated by early plea, genuine remorse, intellectual limitations, health, and subjective circumstances. Special circumstances were found, warranting a reduction in the non-parole period.

Court Disposition

Offender sentenced to terms of imprisonment for dangerous driving occasioning death and dangerous driving occasioning grievous bodily harm; special circumstances found; sentences partially accumulated; licence disqualification imposed; back-up charges dismissed.

Orders

  • 3 years imprisonment for dangerous driving occasioning death, with non-parole period of 1 year and 8 months, special circumstances found
  • 2 years and 3 months imprisonment for dangerous driving occasioning grievous bodily harm, with non-parole period of 1 year and 3 months, special circumstances found