R v Hennessy [2013] NSWDC 314

R v Hennessy [2013] NSWDC 314

Distraction by the offender while approaching a stop sign in a residential street, resulting in collision and death, constitutes high moral culpability and warrants a full-time custodial sentence with a non-parole period and head sentence, and driving disqualification.

Jurisdiction
Australia
Judgment Date
22 November 2013
Procedural Posture
Criminal / Sentencing
Outcome
sentenced to imprisonment
Legal Topics
['dangerous Driving' 'heavy Vehicle' 'distracted Driving' 'collision' 'school Bus' 'death of a Child' 'sentence']
['criminal Law'] ['dangerous Driving' 'heavy Vehicle' 'distracted Driving' 'collision' 'school Bus' 'death of a Child' 'sentence']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for dangerous driving causing death while distracted in a heavy vehicle' 'Assessment of moral culpability in context of brief distraction' 'Consideration of aggravating and mitigating circumstances']

Ratio Decidendi

Distraction by the offender while approaching a stop sign in a residential street, resulting in collision and death, constitutes high moral culpability and warrants a full-time custodial sentence with a non-parole period and head sentence, and driving disqualification.

Court Disposition

sentenced to imprisonment

Orders

  • ['Non-parole period of 3 years from 22 November 2013 to 21 November 2016' 'Head sentence of 4 years imprisonment' 'Disqualified from driving in New South Wales for 5 years' 'S166 Certificate dismissed']