R v Squires [2021] NSWDC 199

R v Squires [2021] NSWDC 199

The offender's moral culpability was low because the usual aggravating features such as speed, intoxication, erratic driving over a long period, police pursuit, sleep deprivation and failing to stop were absent, but it was not at the lowest level and was not mere momentary inattention or misjudgement. His brief reckless misjudgement in changing lanes in front of a B-double on a busy highway caused two deaths. The objective seriousness and totality of the two offences required full-time imprisonment, while the offender's good character, remorse, low risk of reoffending, prospects of rehabilitation and the highly exceptional hardship to his disabled son justified special circumstances and a...

Jurisdiction
Australia
Judgment Date
25 February 2021
Procedural Posture
Criminal Sentence / Sentence After Jury Verdict of Guilty
Outcome
Offender convicted on Counts 1 and 2 and sentenced to an aggregate term of imprisonment of 3 years with a non-parole period of 12 months; two related negligent driving causing death charges were withdrawn and dismissed; driver licence disqualification imposed for 12 months concurrently for each offence.
Legal Topics
['drive Manner Dangerous Causing Death' 'moral Culpability' 'exceptional Circumstances' 'totality' 'driver Licence Disqualification' 'victim Impact Statements']
['criminal Law' 'sentencing' 'traffic Offences'] ['drive Manner Dangerous Causing Death' 'moral Culpability' 'exceptional Circumstances' 'totality' 'driver Licence Disqualification' 'victim Impact Statements']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Jury Verdict of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for two offences of driving in a manner dangerous causing death arising from one course of driving.' "Whether the offender's moral culpability was low, including whether the conduct was momentary inattention or misjudgement." "Whether hardship to the offender's disabled son constituted exceptional or highly exceptional circumstances relevant to sentence." 'How totality, concurrency and accumulation should be addressed where two deaths resulted from the same course of conduct.' 'What non-parole period and driver licence disqualification should be imposed.']

Ratio Decidendi

The offender's moral culpability was low because the usual aggravating features such as speed, intoxication, erratic driving over a long period, police pursuit, sleep deprivation and failing to stop were absent, but it was not at the lowest level and was not mere momentary inattention or misjudgement. His brief reckless misjudgement in changing lanes in front of a B-double on a busy highway caused two deaths. The objective seriousness and totality of the two offences required full-time imprisonment, while the offender's good character, remorse, low risk of reoffending, prospects of rehabilitation and the highly exceptional hardship to his disabled son justified special circumstances and a...

Court Disposition

Offender convicted on Counts 1 and 2 and sentenced to an aggregate term of imprisonment of 3 years with a non-parole period of 12 months; two related negligent driving causing death charges were withdrawn and dismissed; driver licence disqualification imposed for 12 months concurrently for each offence.

Orders

  • ['In relation to Counts 1 and 2, the offender is convicted.' 'Pursuant to s 53A Crimes (Sentencing Procedure) Act 1999, an aggregate sentence of 3 years imprisonment is fixed, commencing on 19 February 2021 and expiring on 18 February 2024.' 'A non-parole period of 12 months imprisonment is fixed, expiring on 18...