R v Moodie [2019] NSWDC 822

R v Moodie [2019] NSWDC 822

The offence of dangerous driving occasioning death, while impaired by prohibited drugs, falls above the midrange of objective seriousness; special circumstances exist due to first period in custody and need for parole for reintegration; the appropriate sentence is four years and nine months imprisonment with a non-parole period of three years, and five years disqualification from holding a licence, accounting for prior suspension.

Jurisdiction
Australia
Judgment Date
17 October 2019
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to imprisonment; special circumstances found; licence disqualification imposed; conviction recorded for second offence with no penalty; other charges dismissed.
Legal Topics
['dangerous Driving Occasioning Death' 'sentencing' 'use of Amphetamine and Methylamphetamine' 'license Disqualification']
['criminal Law'] ['dangerous Driving Occasioning Death' 'sentencing' 'use of Amphetamine and Methylamphetamine' 'license Disqualification']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for dangerous driving occasioning death while impaired by methylamphetamine and amphetamine' "Impact of offender's plea of guilty and remorse" "Assessment of offender's subjective circumstances" 'Determination of licence disqualification period']

Ratio Decidendi

The offence of dangerous driving occasioning death, while impaired by prohibited drugs, falls above the midrange of objective seriousness; special circumstances exist due to first period in custody and need for parole for reintegration; the appropriate sentence is four years and nine months imprisonment with a non-parole period of three years, and five years disqualification from holding a licence, accounting for prior suspension.

Court Disposition

Convicted and sentenced to imprisonment; special circumstances found; licence disqualification imposed; conviction recorded for second offence with no penalty; other charges dismissed.

Orders

  • ['Offender convicted of dangerous driving occasioning death and sentenced to four years and nine months imprisonment, comprising a non-parole period of three years beginning 17 October 2019 and expiring 16 October 2022, with a balance of term of one year and nine months expiring 16 July 2024.' 'Disqualified from...