REGINA v RYAN [2000] NSWSC 724

REGINA v RYAN [2000] NSWSC 724

Although the offender did not intentionally become intoxicated for euphoric effect, his driving while affected by methamphetamine and exhausted, and his knowing risk-creation, made his conduct gravely culpable, warranting a substantial custodial sentence, with concurrent sentences reflecting two offences arising from a single course of conduct resulting in two deaths.

Jurisdiction
Australia
Judgment Date
14 July 2000
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
['manslaughter' 'dangerous Driving' 'sentencing' 'drug Intoxication']
['criminal Law'] ['manslaughter' 'dangerous Driving' 'sentencing' 'drug Intoxication']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for manslaughter by unlawful and dangerous act involving driving while affected by drugs' 'Relevance of drug intoxication to degree of criminal culpability and sentencing' 'Whether intoxication was intentional and its effect on culpability']

Ratio Decidendi

Although the offender did not intentionally become intoxicated for euphoric effect, his driving while affected by methamphetamine and exhausted, and his knowing risk-creation, made his conduct gravely culpable, warranting a substantial custodial sentence, with concurrent sentences reflecting two offences arising from a single course of conduct resulting in two deaths.

Court Disposition

convicted and sentenced

Orders

  • ['For each offence of manslaughter, the offender is sentenced to seven years ten months imprisonment, to be served concurrently, with a non-parole period of five years and ten months. The earliest date of parole eligibility is 26 January 2006.']