R v Awac [2020] NSWDC 41

R v Awac [2020] NSWDC 41

The offender's driving had mid-range objective seriousness for the indictable offences and involved high moral culpability because he drove while disqualified and at substantial speed, with some alcohol consumption, as a learner driver, lost control over a significant distance, caused serious injuries to multiple passengers, and left the scene. Despite his youth, guilty pleas, accepted contrition and special circumstances, the seriousness of the offending required full-time imprisonment. An aggregate sentence with a reduced custodial proportion was appropriate to reflect totality and rehabilitation.

Jurisdiction
Australia
Judgment Date
07 February 2020
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas to Four Offences Committed for Sentence to the District Court and Two Summary Matters Before the Court Pursuant to S 166 Criminal Procedure Act 1986
Outcome
Offender convicted and sentenced to an aggregate term of imprisonment of 4 years with a non-parole period of 2 years and 6 months, commencing 6 February 2020, with eligibility for parole on 5 August 2022.
Legal Topics
['dangerous Driving Occasioning Grievous Bodily Harm' 'failure to Stop and Assist After Vehicle Impact Causing Grievous Bodily Harm' 'driving Whilst Disqualified' 'cause Bodily Harm by Misconduct' 'form 1 Offences' 'aggregate Sentence' 'non Parole Period' 'driver Disqualification']
['criminal Law' 'sentencing' 'traffic Law'] ['dangerous Driving Occasioning Grievous Bodily Harm' 'failure to Stop and Assist After Vehicle Impact Causing Grievous Bodily Harm' 'driving Whilst Disqualified' 'cause Bodily Harm by Misconduct' 'form 1 Offences' 'aggregate Sentence' 'non Parole Period' 'driver Disqualification']

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas to Four Offences Committed for Sentence to the District Court and Two Summary Matters Before the Court Pursuant to S 166 Criminal Procedure Act 1986

Legal Issues

  1. 1 ['What sentence should be imposed for dangerous driving causing grievous bodily harm to two passengers, causing bodily harm by misconduct to two passengers, driving whilst disqualified, and failing to stop and assist after causing grievous bodily harm.' 'What effect should be given to the Form 1 offence of failing to give particulars to a police officer in respect of the collision.' "Whether the offender's moral culpability, objective seriousness, youth, pleas of guilty, contrition and prospects of rehabilitation warranted imprisonment, an alternative to full-time custody, and special circumstances." 'What aggregate sentence, non-parole period and licence disqualification periods should be imposed.']

Ratio Decidendi

The offender's driving had mid-range objective seriousness for the indictable offences and involved high moral culpability because he drove while disqualified and at substantial speed, with some alcohol consumption, as a learner driver, lost control over a significant distance, caused serious injuries to multiple passengers, and left the scene. Despite his youth, guilty pleas, accepted contrition and special circumstances, the seriousness of the offending required full-time imprisonment. An aggregate sentence with a reduced custodial proportion was appropriate to reflect totality and rehabilitation.

Court Disposition

Offender convicted and sentenced to an aggregate term of imprisonment of 4 years with a non-parole period of 2 years and 6 months, commencing 6 February 2020, with eligibility for parole on 5 August 2022.

Orders

  • ['Convicted of dangerous driving causing grievous bodily harm upon Mr Wiew.' 'Convicted of dangerous driving causing grievous bodily harm upon Mr Ayai.' 'Convicted of causing bodily harm to Mr Ken.' 'Convicted of causing bodily harm to Mr David.' 'Convicted of driving whilst disqualified.' 'Convicted of failing to...