R v Luke COUSLEY [2018] NSWDC 112

R v Luke COUSLEY [2018] NSWDC 112

The offender's dangerous driving was above mid-range and involved very high moral culpability because, while impaired by methylamphetamine, he drove erratically and at excessive speed through residential streets, put several people at risk, collided with a vehicle causing grievous bodily harm to a child, and fled the scene. Section 52AB(2) addresses fleeing the scene after an impact causing grievous bodily harm, including leaving on foot. Because the failure to stop was considered in assessing the dangerous driving offence, the sentence for the s 52AB offence was confined principally to the failure to assist so as to avoid double counting. Partial accumulation was required to reflect...

Jurisdiction
Australia
Judgment Date
03 May 2018
Procedural Posture
Criminal Sentencing / Committed for Sentence After Pleas of Guilty in Respect of Dangerous Driving Occasioning Grievous Bodily Harm, Fail to Stop and Assist After Vehicle Impact Occasioning Grievous Bodily Harm, and Related Road Transport Act Offences on a S 166 Certificate
Outcome
Sentenced; convictions recorded; custodial sentences and concurrent licence disqualifications imposed.
Legal Topics
['dangerous Driving Occasioning Grievous Bodily Harm' 'fail to Stop and Assist After Vehicle Impact Occasioning Grievous Bodily Harm' 'driving While Disqualified' 'failure to Comply With Police Direction to Stop' 'guilty Plea Discount' 'objective Seriousness' 'double Counting' 'totality' 'special Circumstances' 'licence Disqualification']
['criminal Law' 'sentencing' 'traffic Offences'] ['dangerous Driving Occasioning Grievous Bodily Harm' 'fail to Stop and Assist After Vehicle Impact Occasioning Grievous Bodily Harm' 'driving While Disqualified' 'failure to Comply With Police Direction to Stop' 'guilty Plea Discount' 'objective Seriousness' 'double Counting' 'totality' 'special Circumstances' 'licence Disqualification']

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Procedural Posture

Criminal Sentencing / Committed for Sentence After Pleas of Guilty in Respect of Dangerous Driving Occasioning Grievous Bodily Harm, Fail to Stop and Assist After Vehicle Impact Occasioning Grievous Bodily Harm, and Related Road Transport Act Offences on a S 166 Certificate

Legal Issues

  1. 1 ["Whether the offender's leaving the collision scene on foot was conduct captured by the offence of failing to stop and assist after vehicle impact occasioning grievous bodily harm under s 52AB(2) of the Crimes Act." "How the offender's failure to stop could be taken into account in assessing the dangerous driving offence without double counting when sentencing for the separate fail to stop and assist offence." 'The objective seriousness and moral culpability of the dangerous driving occasioning grievous bodily harm, including speed, drug impairment, erratic driving, risk to others and fleeing the scene.' 'Whether sentences should be wholly concurrent or partly accumulated having regard to totality.' 'Whether special circumstances justified a longer period of supervision on parole.']

Ratio Decidendi

The offender's dangerous driving was above mid-range and involved very high moral culpability because, while impaired by methylamphetamine, he drove erratically and at excessive speed through residential streets, put several people at risk, collided with a vehicle causing grievous bodily harm to a child, and fled the scene. Section 52AB(2) addresses fleeing the scene after an impact causing grievous bodily harm, including leaving on foot. Because the failure to stop was considered in assessing the dangerous driving offence, the sentence for the s 52AB offence was confined principally to the failure to assist so as to avoid double counting. Partial accumulation was required to reflect...

Court Disposition

Sentenced; convictions recorded; custodial sentences and concurrent licence disqualifications imposed.

Orders

  • ['The offender is convicted of Dangerous Driving Occasioning Grievous Bodily Harm contrary to s 52A(3) of the Crimes Act.' 'The offender is convicted of Fail to Stop and Assist after a Vehicle Impact Causing Grievous Bodily Harm contrary to s 52AB(2) of the Crimes Act.' 'The offender is convicted of Not Comply with...