R v PERRY [2011] NSWDC 70

R v PERRY [2011] NSWDC 70

The offender's decision to drive while significantly sleep deprived and intoxicated, with a blood alcohol level at least .142, caused a head-on collision resulting in substantial permanent injuries. Her moral culpability was substantial, and a custodial sentence was required, but her youth, remorse, early plea, ADD-related considerations and suitability assessment justified serving a two-year term by way of an Intensive Correction Order rather than full-time imprisonment.

Jurisdiction
Australia
Judgment Date
24 June 2011
Procedural Posture
Criminal Sentence / Sentencing
Outcome
Sentenced to imprisonment for 2 years to be served by way of Intensive Correction Order.
Legal Topics
['dangerous Driving Occasioning Grievous Bodily Harm' 'form 1' 'intensive Correction Order' 'provisional Driver' 'blood Alcohol Level' 'victim Forgiveness']
['criminal Law' 'sentencing'] ['dangerous Driving Occasioning Grievous Bodily Harm' 'form 1' 'intensive Correction Order' 'provisional Driver' 'blood Alcohol Level' 'victim Forgiveness']

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Procedural Posture

Criminal Sentence / Sentencing

Legal Issues

  1. 1 ['What sentence should be imposed for dangerous driving occasioning grievous bodily harm where the offender was a provisional driver with a blood alcohol level of at least .142 and the victim suffered significant permanent injuries.' 'Whether the custodial sentence should be served by way of an Intensive Correction Order.' "What weight, if any, should be given to the victim's forgiveness of the offender."]

Ratio Decidendi

The offender's decision to drive while significantly sleep deprived and intoxicated, with a blood alcohol level at least .142, caused a head-on collision resulting in substantial permanent injuries. Her moral culpability was substantial, and a custodial sentence was required, but her youth, remorse, early plea, ADD-related considerations and suitability assessment justified serving a two-year term by way of an Intensive Correction Order rather than full-time imprisonment.

Court Disposition

Sentenced to imprisonment for 2 years to be served by way of Intensive Correction Order.

Orders

  • ['The offender is sentenced to imprisonment for two years.' 'The sentence is to be served by way of an Intensive Correction Order.' 'The sentence will commence on 13 July 2011.' 'The Intensive Correction Order is subject to the mandatory conditions proscribed by clause 175 of the Crimes (Administration of Sentences)...