R v Morrow [2009] NSWDC 78

R v Morrow [2009] NSWDC 78

Although each offence was very serious and general deterrence was of great importance, the objective seriousness was not at the upper end for aggravated dangerous driving because the alcohol level only slightly exceeded 0.15, the evidence established only a relatively short journey, there was no evidence of prolonged bad driving, and there was no evidence of a large number of other road users being endangered. The offender's guilty pleas, very high remorse, good character and lack of significant prior record were taken into account, but partial accumulation was required to recognise that two people died.

Jurisdiction
Australia
Judgment Date
14 April 2009
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas to Two Offences of Aggravated Dangerous Driving Occasioning Death
Outcome
The offender was convicted on both counts and sentenced to an effective sentence of five years imprisonment with a three-year non-parole period; she was disqualified from holding or obtaining a licence until 4 May 2013.
Legal Topics
['aggravated Dangerous Driving Occasioning Death' 'prescribed Concentration of Alcohol' 'guideline Judgments' 'objective Seriousness' 'general Deterrence' 'victim Impact Statements' 'licence Disqualification']
['criminal Law' 'sentencing' 'driving Offences'] ['aggravated Dangerous Driving Occasioning Death' 'prescribed Concentration of Alcohol' 'guideline Judgments' 'objective Seriousness' 'general Deterrence' 'victim Impact Statements' 'licence Disqualification']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas to Two Offences of Aggravated Dangerous Driving Occasioning Death

Legal Issues

  1. 1 ['What sentences should be imposed for two offences of aggravated dangerous driving occasioning death contrary to s 52A(2) of the Crimes Act 1900 (NSW).' 'How the guideline judgments in R v Jurisic and R v Whyte should be applied to aggravated dangerous driving where the aggravating feature is the prescribed concentration of alcohol.' 'What objective seriousness and moral culpability should be attributed to the offences.' 'What aggravating and mitigating features under s 21A of the Crimes (Sentencing Procedure) Act 1999 (NSW) should affect sentence.' 'Whether the sentences should be partially accumulated because two people died.']

Ratio Decidendi

Although each offence was very serious and general deterrence was of great importance, the objective seriousness was not at the upper end for aggravated dangerous driving because the alcohol level only slightly exceeded 0.15, the evidence established only a relatively short journey, there was no evidence of prolonged bad driving, and there was no evidence of a large number of other road users being endangered. The offender's guilty pleas, very high remorse, good character and lack of significant prior record were taken into account, but partial accumulation was required to recognise that two people died.

Court Disposition

The offender was convicted on both counts and sentenced to an effective sentence of five years imprisonment with a three-year non-parole period; she was disqualified from holding or obtaining a licence until 4 May 2013.

Orders

  • ['For the offence involving Mrs Lowe, the offender was sentenced to a non-parole period of three years commencing 5 November 2008, eligible for release to parole on 4 November 2011, with a balance of term of one year expiring on 4 November 2012.' 'For the offence involving Mr Lowe, the sentence was accumulated by 12...