R v Coffee, Bradley [2010] NSWDC 261

R v Coffee, Bradley [2010] NSWDC 261

The offender's sustained dangerous driving at about twice the posted speed limit, while substantially intoxicated, emotionally upset, driving with tyres not in top order, performing burnouts and fishtailing on public streets, placed multiple road users at real and potential risk and caused permanent grievous bodily harm to his passenger. The offending was not momentary inattention but involved high moral culpability and required punishment, general deterrence and personal deterrence; after a 25 per cent discount for the guilty plea, an overall sentence of 18 months imprisonment with a 9 month non-parole period and driving disqualification was warranted.

Jurisdiction
Australia
Judgment Date
07 May 2010
Procedural Posture
Criminal Sentence for Aggravated Dangerous Driving Occasioning Grievous Bodily Harm While Driving With Prescribed Concentration of Alcohol / Sentence After Plea of Guilty
Outcome
Convicted and sentenced to imprisonment with a non-parole period, parole supervision and licence disqualification.
Legal Topics
['dangerous Driving Occasioning Grievous Bodily Harm' 'high Range Prescribed Concentration of Alcohol' 'objective Seriousness' 'moral Culpability' 'general Deterrence' 'personal Deterrence' 'plea Discount' 'licence Disqualification']
['criminal Law' 'sentencing' 'traffic Offences'] ['dangerous Driving Occasioning Grievous Bodily Harm' 'high Range Prescribed Concentration of Alcohol' 'objective Seriousness' 'moral Culpability' 'general Deterrence' 'personal Deterrence' 'plea Discount' 'licence Disqualification']

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Procedural Posture

Criminal Sentence for Aggravated Dangerous Driving Occasioning Grievous Bodily Harm While Driving With Prescribed Concentration of Alcohol / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated driving in a manner dangerous to another person where grievous bodily harm was occasioned and the offender had a blood alcohol reading of 0.204 grams of alcohol per 100 millilitres of blood.' 'Whether the offending was low in moral culpability as momentary inattention or involved a high level of moral culpability.' "How the offender's subjective circumstances, guilty plea, prior bond, driving record, remorse and rehabilitation prospects should affect sentence."]

Ratio Decidendi

The offender's sustained dangerous driving at about twice the posted speed limit, while substantially intoxicated, emotionally upset, driving with tyres not in top order, performing burnouts and fishtailing on public streets, placed multiple road users at real and potential risk and caused permanent grievous bodily harm to his passenger. The offending was not momentary inattention but involved high moral culpability and required punishment, general deterrence and personal deterrence; after a 25 per cent discount for the guilty plea, an overall sentence of 18 months imprisonment with a 9 month non-parole period and driving disqualification was warranted.

Court Disposition

Convicted and sentenced to imprisonment with a non-parole period, parole supervision and licence disqualification.

Orders

  • ['Bradley Stephen Coffee is convicted of aggravated driving, namely driving motor vehicle registration number ZKG 558 in a manner dangerous to another person whereby the vehicle was involved in an impact as a result of which grievous bodily harm was occasioned to Rohan Sommerville and while driving with a prescribed...