R v Lu [2020] NSWDC 450

R v Lu [2020] NSWDC 450

The threshold of s 5 of the Crimes (Sentencing Procedure) Act 1999 was crossed; no penalty other than a sentence of imprisonment was appropriate given the objective seriousness, high moral culpability, substantial injuries and harm caused, dangerous driving behavior, and prior speeding history. The aggregate sentence reflects the totality of offences and the offender's genuine remorse, prospects of rehabilitation, and impact of prior bail conditions. Given community safety, the sentence is to be served by way of an Intensive Correction Order in the community, with rehabilitation and community service conditions.

Parties
Crown: Regina; Offender: Qiaochu Lu
Jurisdiction
Australia
Judgment Date
14 August 2020
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to an aggregate term of imprisonment of 2 years, 10 months to be served by Intensive Correction Order in the community.
Legal Topics
Sentencing, Dangerous Driving, Grievous Bodily Harm, Victim Impact Statements, Parole, Deportation, Prior Driving Offences, Intensive Correction Order (ico), Licence Disqualification
Criminal Law Sentencing Dangerous Driving Grievous Bodily Harm Victim Impact Statements Parole Deportation Prior Driving Offences +2 more

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Parties

Regina

Crown

Qiaochu Lu

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for two counts of dangerous driving occasioning grievous bodily harm and one count of cause bodily harm by furious driving
  2. 2 Assessment of moral culpability and objective seriousness
  3. 3 Consideration of aggravating and mitigating factors

Ratio Decidendi

The threshold of s 5 of the Crimes (Sentencing Procedure) Act 1999 was crossed; no penalty other than a sentence of imprisonment was appropriate given the objective seriousness, high moral culpability, substantial injuries and harm caused, dangerous driving behavior, and prior speeding history. The aggregate sentence reflects the totality of offences and the offender's genuine remorse, prospects of rehabilitation, and impact of prior bail conditions. Given community safety, the sentence is to be served by way of an Intensive Correction Order in the community, with rehabilitation and community service conditions.

Court Disposition

Convicted and sentenced to an aggregate term of imprisonment of 2 years, 10 months to be served by Intensive Correction Order in the community.

Orders

  • Convicted of two counts of dangerous driving occasioning grievous bodily harm (s 52A(3)(c) Crimes Act 1900) and one count of cause bodily harm by furious driving (s 53 Crimes Act 1900)
  • Aggregate term of imprisonment of 2 years, 10 months