R v Edwards [2023] NSWDC 530

R v Edwards [2023] NSWDC 530

Given the grave objective seriousness of the offender’s conduct—egregious speed, sustained period of offending, significant number of victims, and complete abandonment of responsibility—together with the need for general deterrence, denunciation, and recognition of loss, the appropriate sentence is an aggregate term of 12 years imprisonment with a non-parole period of 7 years, finding special circumstances due to rehabilitation prospects, age, lack of record, and significant long-term mental health issues. Licence disqualification for the automatic period applies.

Parties
Prosecution: Rex (Crown); Offender: Tyrell Edwards
Jurisdiction
Australia
Judgment Date
01 December 2023
Procedural Posture
Criminal Sentence / Sentencing Decision
Outcome
Conviction and full-time imprisonment imposed for five counts of aggravated dangerous driving occasioning death. Aggregate sentence of 12 years imprisonment with a non-parole period of 7 years (special circumstances found). Licence disqualification imposed for the automatic period on all counts.
Legal Topics
Sentencing, Aggravated Dangerous Driving Occasioning Death, General Deterrence, Youth in Sentencing, Guideline Judgments, Objective Seriousness, Moral Culpability, Remorse, Mental Health of Offender, Accumulation and Totality, Special Circumstances, Licence Disqualification
Criminal Law Sentencing Aggravated Dangerous Driving Occasioning Death General Deterrence Youth in Sentencing Guideline Judgments Objective Seriousness Moral Culpability +5 more

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Parties

Rex (Crown)

Prosecution

Tyrell Edwards

Offender

Procedural Posture

Criminal Sentence / Sentencing Decision

Legal Issues

  1. 1 What is the appropriate sentence for five counts of aggravated dangerous driving occasioning death under s 52A(2) Crimes Act 1900 (NSW)?
  2. 2 How do objective seriousness, moral culpability, remorse, and the offender’s mental health affect the sentence?
  3. 3 Should special circumstances be found to reduce the non-parole period below the statutory ratio?

Ratio Decidendi

Given the grave objective seriousness of the offender’s conduct—egregious speed, sustained period of offending, significant number of victims, and complete abandonment of responsibility—together with the need for general deterrence, denunciation, and recognition of loss, the appropriate sentence is an aggregate term of 12 years imprisonment with a non-parole period of 7 years, finding special circumstances due to rehabilitation prospects, age, lack of record, and significant long-term mental health issues. Licence disqualification for the automatic period applies.

Court Disposition

Conviction and full-time imprisonment imposed for five counts of aggravated dangerous driving occasioning death. Aggregate sentence of 12 years imprisonment with a non-parole period of 7 years (special circumstances found). Licence disqualification imposed for the automatic period on all counts.

Orders

  • In all matters convicted.
  • Aggregate term of imprisonment: 12 years, commencing 12 July 2023.