R v Aldred [2013] NSWDC 13

R v Aldred [2013] NSWDC 13

The offender's moral culpability was high because he drove after taking drugs he knew would affect his ability to drive, continued driving despite obvious dangerous fatigue and difficulty keeping the car on the roadway, stole the vehicle, and committed the fatal driving offence while on bail for a similar driving matter with a condition not to drive. His guilty plea, remorse, personal history, need for supervision and totality moderated but did not avoid substantial imprisonment and disqualification.

Jurisdiction
Australia
Judgment Date
30 January 2013
Procedural Posture
Criminal Sentence / Sentencing After Plea of Guilty at First Arraignment in the District Court
Outcome
Sentenced to imprisonment and disqualified from driving.
Legal Topics
['sentencing' 'take and Drive Conveyance Without Consent of Owner' 'driving in a Manner Dangerous Occasioning Death' 'consumption of Drugs' 'offence Committed While on Bail' 'driving Disqualification']
['criminal Law'] ['sentencing' 'take and Drive Conveyance Without Consent of Owner' 'driving in a Manner Dangerous Occasioning Death' 'consumption of Drugs' 'offence Committed While on Bail' 'driving Disqualification']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Plea of Guilty at First Arraignment in the District Court

Legal Issues

  1. 1 ["What sentence should be imposed for taking and driving a conveyance without the owner's consent and driving in a manner dangerous occasioning death." "Whether the offender's fatigue and dangerous driving were contributed to by drug consumption shortly before the collision." 'The aggravating effect of committing the offence while on bail for a driving under the influence matter and contrary to a bail condition not to drive.' "The appropriate allowance for the offender's guilty plea, remorse, need for supervision on parole, existing sentences, totality and specific deterrence."]

Ratio Decidendi

The offender's moral culpability was high because he drove after taking drugs he knew would affect his ability to drive, continued driving despite obvious dangerous fatigue and difficulty keeping the car on the roadway, stole the vehicle, and committed the fatal driving offence while on bail for a similar driving matter with a condition not to drive. His guilty plea, remorse, personal history, need for supervision and totality moderated but did not avoid substantial imprisonment and disqualification.

Court Disposition

Sentenced to imprisonment and disqualified from driving.

Orders

  • ['For count 2, stealing a motor vehicle, sentenced to imprisonment with a fixed term of 18 months commencing 27 April 2013, taking into account the Form 1 matter of driving whilst disqualified.' 'For driving in a manner dangerous occasioning death, sentenced to imprisonment with a non-parole period of 2 years...