R v Beard [2015] NSWDC 399

R v Beard [2015] NSWDC 399

The offender was convicted and sentenced for driving in a manner dangerous by impact causing grievous bodily harm, and failing to stop and render assistance, with the Court applying relevant sentencing guidelines and statutory aggravating and mitigating factors, and taking into account Form 1 matters which increased the principal sentence. The offender showed lack of remorse, had a history of substance abuse and previous offences, and was assessed as medium/high risk of reoffending. The sentences were partially accumulative and backdated for time already served, and licence disqualification periods were imposed.

Parties
Crown: Director of Public Prosecutions; Offender: Guy Cully Beard
Jurisdiction
Australia
Judgment Date
14 December 2015
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to terms of imprisonment and license disqualification.
Legal Topics
Sentencing, Driving in a Manner Dangerous, Failing to Stop and Render Assistance, Aggravating and Mitigating Factors, Form 1 Matters, License Disqualification, Plea of Guilty, Victim Impact Statement
Criminal Law Sentencing Driving in a Manner Dangerous Failing to Stop and Render Assistance Aggravating and Mitigating Factors Form 1 Matters License Disqualification Plea of Guilty +1 more

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Parties

Director of Public Prosecutions

Crown

Guy Cully Beard

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for driving in a manner dangerous causing grievous bodily harm
  2. 2 Appropriate sentence for failing to stop and render assistance
  3. 3 Consideration of aggravating and mitigating factors under Crimes (Sentencing Procedure) Act 1999

Ratio Decidendi

The offender was convicted and sentenced for driving in a manner dangerous by impact causing grievous bodily harm, and failing to stop and render assistance, with the Court applying relevant sentencing guidelines and statutory aggravating and mitigating factors, and taking into account Form 1 matters which increased the principal sentence. The offender showed lack of remorse, had a history of substance abuse and previous offences, and was assessed as medium/high risk of reoffending. The sentences were partially accumulative and backdated for time already served, and licence disqualification periods were imposed.

Court Disposition

Convicted and sentenced to terms of imprisonment and license disqualification.

Orders

  • Convicted for failing to stop and render assistance after causing grievous bodily harm; sentenced to 18 months imprisonment from 12 May 2015 to 11 November 2016; license disqualification for 2 years from 12 January 2014.
  • Convicted for driving in a manner dangerous by impact causing grievous bodily harm; sentenced to 3 years imprisonment with a non-parole period of 1 year and 4 months, from 12 November 2015 to 11 March 2017 (non-parole), balance to 11 November 2018; license disqualification for 4 years from 12 January 2014.