R v Tobin [2019] NSWDC 100

R v Tobin [2019] NSWDC 100

Given the offender's high degree of moral culpability, extensive and permanent injuries to the victim, impaired driving due to multiple substances, suspended licence, and failure to stop and assist, but taking into account the early guilty plea, genuine remorse, rehabilitation steps, and special circumstances, an aggregate sentence of three years' imprisonment with a non-parole period of 12 months and 12 months' licence disqualification is appropriate.

Jurisdiction
Australia
Judgment Date
08 March 2019
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted and sentenced to an aggregate term of imprisonment for 3 years, with a non-parole period of 12 months, and a 12 month licence disqualification.
Legal Topics
['dangerous Driving Occasioning Grievous Bodily Harm' 'fail to Stop and Assist After Impact Causing Grievous Bodily Harm' 'sentencing' 'imprisonment' 'licence Disqualification']
['criminal Law'] ['dangerous Driving Occasioning Grievous Bodily Harm' 'fail to Stop and Assist After Impact Causing Grievous Bodily Harm' 'sentencing' 'imprisonment' 'licence Disqualification']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for dangerous driving occasioning grievous bodily harm' 'Appropriate sentence for failing to stop and assist after impact causing grievous bodily harm' 'Assessment of objective seriousness and aggravating factors in sentencing' "Consideration of offender's personal circumstances and prospects for rehabilitation"]

Ratio Decidendi

Given the offender's high degree of moral culpability, extensive and permanent injuries to the victim, impaired driving due to multiple substances, suspended licence, and failure to stop and assist, but taking into account the early guilty plea, genuine remorse, rehabilitation steps, and special circumstances, an aggregate sentence of three years' imprisonment with a non-parole period of 12 months and 12 months' licence disqualification is appropriate.

Court Disposition

Offender convicted and sentenced to an aggregate term of imprisonment for 3 years, with a non-parole period of 12 months, and a 12 month licence disqualification.

Orders

  • ["Aggregate sentence of 3 years' imprisonment" 'Indicative sentence on count 1: 2.5 years (30 months)' 'Indicative sentence on count 2: 1.5 years (18 months)' 'Non-parole period of 12 months' 'Licence disqualification for 12 months' 'Six months concurrent imprisonment for drive whilst suspended']