R v Read (No 2) [2017] NSWDC 323

R v Read (No 2) [2017] NSWDC 323

The offender's prolonged failure to look where he was going for about 21 seconds while driving a heavy vehicle at highway speed was a sustained piece of dangerous driving, not momentary inattention. Although the traffic control plan was inadequate and the offender had strong subjective features, the seriousness of the offending, the severe injuries caused, and the need for general deterrence required full-time imprisonment rather than an intensive corrections order.

Jurisdiction
Australia
Judgment Date
06 October 2017
Procedural Posture
Sentence for Dangerous Driving Occasioning Grievous Bodily Harm / Sentence After Jury Verdict
Outcome
The offender was sentenced to imprisonment consisting of a non-parole period of 9 months with a head sentence of 18 months, and was disqualified from driving for two and a half years from 6 October 2017.
Legal Topics
['dangerous Driving Occasioning Grievous Bodily Harm' 'objective Gravity' 'general Deterrence' 'heavy Vehicle Driving' 'driver Inattention' 'licence Disqualification']
['criminal Law' 'sentencing'] ['dangerous Driving Occasioning Grievous Bodily Harm' 'objective Gravity' 'general Deterrence' 'heavy Vehicle Driving' 'driver Inattention' 'licence Disqualification']

Case Brief

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Procedural Posture

Sentence for Dangerous Driving Occasioning Grievous Bodily Harm / Sentence After Jury Verdict

Legal Issues

  1. 1 ['What sentence should be imposed for dangerous driving occasioning grievous bodily harm where the offender was distracted and not looking where he was going for about 21 seconds while driving a heavy vehicle.' 'Whether the driving was a case of momentary inattention or a sustained piece of dangerous driving.' 'Whether subjective features and hardship justified an intensive corrections order rather than full-time imprisonment.']

Ratio Decidendi

The offender's prolonged failure to look where he was going for about 21 seconds while driving a heavy vehicle at highway speed was a sustained piece of dangerous driving, not momentary inattention. Although the traffic control plan was inadequate and the offender had strong subjective features, the seriousness of the offending, the severe injuries caused, and the need for general deterrence required full-time imprisonment rather than an intensive corrections order.

Court Disposition

The offender was sentenced to imprisonment consisting of a non-parole period of 9 months with a head sentence of 18 months, and was disqualified from driving for two and a half years from 6 October 2017.

Orders

  • ['The offender is disqualified from driving for a period of two and a half years from 6 October 2017.' 'The offender is sentenced to imprisonment consisting of a non-parole period of nine months and a head sentence of 18 months to date from 6 October 2017.' 'The non-parole period will expire on 5 July 2018, on which...