R v Marshall [2024] NSWDC 73

R v Marshall [2024] NSWDC 73

A young offender who pleaded guilty to two counts of dangerous driving occasioning death, failure to stop and assist after vehicle impact causing death, and driving having never been licensed, where two 15-year-old passengers died, must be sentenced to an aggregate term of full-time imprisonment, given the gravity of the offences. However, the sentence must reflect significant mitigating factors: substantial childhood trauma, youth, lack of parental guidance, drug dependency, and the additional hardship arising from exclusion from a rehabilitation program not of the offender's doing. These circumstances justify a reduction in the ratio between the non-parole period and total sentence,...

Parties
Crown: Director of Public Prosecutions; Offender: Mark Marshall
Jurisdiction
Australia
Judgment Date
01 March 2024
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted on all counts and sentenced to aggregate term of imprisonment with recommendation for future treatment planning; licence disqualification imposed.
Legal Topics
Dangerous Driving Occasioning Death, Failure to Stop and Assist After Vehicle Impact Causing Death, Driving Offences, Sentencing, Special Circumstances, Youth Offenders, Licence Disqualification
Criminal Law Dangerous Driving Occasioning Death Failure to Stop and Assist After Vehicle Impact Causing Death Driving Offences Sentencing Special Circumstances Youth Offenders Licence Disqualification

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Parties

Director of Public Prosecutions

Crown

Mark Marshall

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for dangerous driving occasioning death where two people died
  2. 2 Weight to be given to general deterrence and youth for young offender with significant disadvantage and trauma
  3. 3 Effect of offender's removal from rehabilitation program on sentence

Ratio Decidendi

A young offender who pleaded guilty to two counts of dangerous driving occasioning death, failure to stop and assist after vehicle impact causing death, and driving having never been licensed, where two 15-year-old passengers died, must be sentenced to an aggregate term of full-time imprisonment, given the gravity of the offences. However, the sentence must reflect significant mitigating factors: substantial childhood trauma, youth, lack of parental guidance, drug dependency, and the additional hardship arising from exclusion from a rehabilitation program not of the offender's doing. These circumstances justify a reduction in the ratio between the non-parole period and total sentence,...

Court Disposition

Offender convicted on all counts and sentenced to aggregate term of imprisonment with recommendation for future treatment planning; licence disqualification imposed.

Orders

  • The offender is convicted of each count.
  • The offender is sentenced to an aggregate term of imprisonment of 5 years and 6 months with a non-parole period of 2 years and 9 months commencing on 22 April 2022 and expiring on 21 January 2025 and a balance of 2 years and 9 months expiring on 21 October 2027.