R v Haydon Charles Ready [2021] NSWDC 341

R v Haydon Charles Ready [2021] NSWDC 341

The Offender's negligent driving occasioning death fell around the mid-range of objective seriousness because, while his view was affected by shadowing, the bus A frame and sun, he had been stationary for 1 minute and 8 seconds before executing a right hand turn in a large public bus, failed to keep a proper lookout or adjust for the occlusions, and proceeded continuously without accounting for pedestrian priority. The deceased crossed in an ordinary way on a green pedestrian signal and his conduct did not reduce the Offender's culpability. Considering the objective seriousness, the need for punishment, accountability, denunciation, recognition of harm and general deterrence, no penalty...

Jurisdiction
Australia
Judgment Date
12 July 2021
Procedural Posture
Criminal Sentencing for Negligent Driving Occasioning Death and Driving With Prescribed Illicit Drugs Present in Blood / Sentence Following Trial Acquittal on Dangerous Driving Charge and Guilty Pleas to Backup and Related Charges
Outcome
For Sequence 2, the Offender was convicted and sentenced to 9 months imprisonment, with execution stayed pending assessment for an Intensive Correction Order with a home detention condition, and disqualified from driving for 3 years with credit for any suspension served. For Sequence 4, the Offender was convicted,...
Legal Topics
['negligent Driving Occasioning Death' 'driving With Illicit Substances in Blood' 'objective Seriousness' 'early Guilty Plea Discount' 'intensive Correction Order Assessment' 'licence Disqualification']
['criminal Law' 'sentencing' 'road Traffic Offences'] ['negligent Driving Occasioning Death' 'driving With Illicit Substances in Blood' 'objective Seriousness' 'early Guilty Plea Discount' 'intensive Correction Order Assessment' 'licence Disqualification']

Case Brief

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Procedural Posture

Criminal Sentencing for Negligent Driving Occasioning Death and Driving With Prescribed Illicit Drugs Present in Blood / Sentence Following Trial Acquittal on Dangerous Driving Charge and Guilty Pleas to Backup and Related Charges

Legal Issues

  1. 1 ['What was the objective seriousness of the negligent driving occasioning death offence in circumstances involving a public bus, a right hand turn, environmental occlusion and pedestrian priority.' "Whether any conduct by the deceased reduced the Offender's culpability." 'What penalty was appropriate for negligent driving occasioning death, including whether no penalty other than imprisonment was appropriate and whether an Intensive Correction Order with a home detention condition should be assessed.' 'What penalty was appropriate for driving with prescribed illicit drugs present in blood where residual quantities indicated no impairment.']

Ratio Decidendi

The Offender's negligent driving occasioning death fell around the mid-range of objective seriousness because, while his view was affected by shadowing, the bus A frame and sun, he had been stationary for 1 minute and 8 seconds before executing a right hand turn in a large public bus, failed to keep a proper lookout or adjust for the occlusions, and proceeded continuously without accounting for pedestrian priority. The deceased crossed in an ordinary way on a green pedestrian signal and his conduct did not reduce the Offender's culpability. Considering the objective seriousness, the need for punishment, accountability, denunciation, recognition of harm and general deterrence, no penalty...

Court Disposition

For Sequence 2, the Offender was convicted and sentenced to 9 months imprisonment, with execution stayed pending assessment for an Intensive Correction Order with a home detention condition, and disqualified from driving for 3 years with credit for any suspension served. For Sequence 4, the Offender was convicted,...

Orders

  • ['Sequence 2: the Offender is convicted and sentenced to a period of 9 months imprisonment.' 'Sequence 2: the Offender is disqualified from driving for the statutory period of three years pursuant to the Road Transport Act 2013 (NSW), with credit for any time served by way of suspension.' 'Further consideration of...