R v MacPherson [2017] NSWDC 170

R v MacPherson [2017] NSWDC 170

A custodial sentence of 2 years with a non-parole period of 12 months is necessary to reflect the objective gravity of the offender's conduct, aggravated by intoxication and risk to children, despite post-offence remorse and rehabilitation.

Jurisdiction
Australia
Judgment Date
08 February 2017
Procedural Posture
Criminal / Sentence
Outcome
The offender is sentenced to 2 years imprisonment with a non-parole period of 12 months. Matters on s166 certificate are withdrawn.
Legal Topics
['dangerous Driving Occasioning Grievous Bodily Harm' 'driving Under the Influence of Drugs' 'aggravated Offence' 'remorse' 'victim Impact' 'sentencing Guidelines']
['criminal Law'] ['dangerous Driving Occasioning Grievous Bodily Harm' 'driving Under the Influence of Drugs' 'aggravated Offence' 'remorse' 'victim Impact' 'sentencing Guidelines']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for aggravated dangerous driving occasioning grievous bodily harm while under the influence of drugs' 'Consideration of aggravating and mitigating factors, including remorse and risk to children']

Ratio Decidendi

A custodial sentence of 2 years with a non-parole period of 12 months is necessary to reflect the objective gravity of the offender's conduct, aggravated by intoxication and risk to children, despite post-offence remorse and rehabilitation.

Court Disposition

The offender is sentenced to 2 years imprisonment with a non-parole period of 12 months. Matters on s166 certificate are withdrawn.

Orders

  • ['Offender sentenced to 2 years imprisonment, non-parole period of 12 months from 8 February 2017' 'Non-parole period expires 7 February 2018, release to parole on that date' 'Sequences 2, 3, 4, 5, and 6 on s166 certificate withdrawn']