R v CLOUT [2017] NSWDC 114

R v CLOUT [2017] NSWDC 114

The offender's negligence was momentary and occurred over only a very short period, but it caused the deaths of two people. Having regard to the maximum penalty, the objective facts, the offender's guilty pleas at the first reasonable opportunity, genuine contrition, good character, absence of prior convictions or traffic record, cooperation, low risk of reoffending, and hardship, the Court found that the seriousness and totality of the offending prevented a s 10 no-conviction order. Convictions, s 9 good behaviour bonds and licence disqualification were therefore appropriate.

Jurisdiction
Australia
Judgment Date
28 March 2017
Procedural Posture
Criminal Sentence for Two Offences of Negligent Driving Causing Death Contrary to S 117(1) Road Transport Act 2013 / Sentence After Guilty Pleas to Two S 166 Certificate Matters Dealt With Pursuant to S 167 Criminal Procedure Act 1986, Following Acquittal at Trial on Two Dangerous Driving Causing Death Counts
Outcome
Offender convicted on both negligent driving causing death charges; s 10 order refused; s 9 good behaviour bonds imposed; total licence disqualification of 15 months imposed.
Legal Topics
['negligent Driving Causing Death' 'good Behaviour Bond' 'licence Disqualification' 'section 10 No Conviction Order' 'victim Impact Statements' 'objective Seriousness and Moral Culpability']
['criminal Law' 'sentencing' 'road Transport Offences'] ['negligent Driving Causing Death' 'good Behaviour Bond' 'licence Disqualification' 'section 10 No Conviction Order' 'victim Impact Statements' 'objective Seriousness and Moral Culpability']

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Procedural Posture

Criminal Sentence for Two Offences of Negligent Driving Causing Death Contrary to S 117(1) Road Transport Act 2013 / Sentence After Guilty Pleas to Two S 166 Certificate Matters Dealt With Pursuant to S 167 Criminal Procedure Act 1986, Following Acquittal at Trial on Two Dangerous Driving Causing Death Counts

Legal Issues

  1. 1 ['Whether the District Court should deal with the s 166 Certificate matters rather than remit them to the Local Court.' 'Whether convictions should be recorded or the discretion under s 10 Crimes (Sentencing Procedure) Act 1999 should be exercised.' "The objective gravity and moral culpability of the offender's negligent driving causing two deaths." 'The appropriate sentence, including good behaviour bonds and licence disqualification.']

Ratio Decidendi

The offender's negligence was momentary and occurred over only a very short period, but it caused the deaths of two people. Having regard to the maximum penalty, the objective facts, the offender's guilty pleas at the first reasonable opportunity, genuine contrition, good character, absence of prior convictions or traffic record, cooperation, low risk of reoffending, and hardship, the Court found that the seriousness and totality of the offending prevented a s 10 no-conviction order. Convictions, s 9 good behaviour bonds and licence disqualification were therefore appropriate.

Court Disposition

Offender convicted on both negligent driving causing death charges; s 10 order refused; s 9 good behaviour bonds imposed; total licence disqualification of 15 months imposed.

Orders

  • ['For sequence 3 concerning Mr Black, the offender was convicted and ordered pursuant to s 9 Crimes (Sentencing Procedure) Act 1999 to enter into a good behaviour bond for two years from 28 March 2017.' 'Conditions of the sequence 3 bond: appear before Court if called on to do so; be of good behaviour; advise the...