R v Burrell [2022] NSWDC 719

R v Burrell [2022] NSWDC 719

The offender's driving, which involved overtaking and remaining on the wrong side of the road for at least 600 metres across double unbroken lines, exposed multiple road users to risk and caused life-threatening and ongoing grievous bodily harm to the victim. The court assessed the offence as above the middle of the range, found high moral culpability amounting to an abandonment of responsibility to other road users, and found substantial injury and emotional harm as an aggravating factor. Although the offender had no criminal history, good rehabilitation prospects, mental health conditions making custody more onerous, and an early guilty plea warranting a 25% discount, the purposes of...

Jurisdiction
Australia
Judgment Date
02 December 2022
Procedural Posture
Criminal Sentencing / Sentence After Guilty Plea
Outcome
The offender was convicted of dangerous driving occasioning grievous bodily harm and sentenced to full-time imprisonment with a non-parole period. For the drive with illicit drug present offence, she was convicted with no further penalty and disqualified from driving.
Legal Topics
['dangerous Driving Occasioning Grievous Bodily Harm' 'drive Vehicle With Illicit Drug Present' 'non Parole Period' 'licence Disqualification' 'intensive Correction Order' 'remorse' 'mental Health in Sentencing' 'general Deterrence']
['criminal Law' 'sentencing' 'traffic Law'] ['dangerous Driving Occasioning Grievous Bodily Harm' 'drive Vehicle With Illicit Drug Present' 'non Parole Period' 'licence Disqualification' 'intensive Correction Order' 'remorse' 'mental Health in Sentencing' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for dangerous driving occasioning grievous bodily harm under s 52A(3)(c), Crimes Act.' "Whether the offender's moral culpability and objective seriousness required full-time imprisonment." 'Whether an Intensive Corrections Order was available or appropriate.' "What weight should be given to the offender's remorse, mental health, prospects of rehabilitation and guilty plea." 'Whether special circumstances justified varying the statutory ratio between the non-parole period and parole period.']

Ratio Decidendi

The offender's driving, which involved overtaking and remaining on the wrong side of the road for at least 600 metres across double unbroken lines, exposed multiple road users to risk and caused life-threatening and ongoing grievous bodily harm to the victim. The court assessed the offence as above the middle of the range, found high moral culpability amounting to an abandonment of responsibility to other road users, and found substantial injury and emotional harm as an aggravating factor. Although the offender had no criminal history, good rehabilitation prospects, mental health conditions making custody more onerous, and an early guilty plea warranting a 25% discount, the purposes of...

Court Disposition

The offender was convicted of dangerous driving occasioning grievous bodily harm and sentenced to full-time imprisonment with a non-parole period. For the drive with illicit drug present offence, she was convicted with no further penalty and disqualified from driving.

Orders

  • ['For dangerous driving occasioning grievous bodily harm, the offender is convicted.' 'The offender is sentenced to a non-parole period of one year, commencing on 2 December 2022 and expiring on 1 December 2023.' 'There will be a balance of term on parole of one year and three months, expiring on 1 March 2025.' 'The...