Monk v R [2022] NSWDC 44

Monk v R [2022] NSWDC 44

Appellant's conviction for negligent driving occasioning death and driving with illicit drug present confirmed; sentence of imprisonment for negligent driving occasioning death to be served by way of intensive corrections order with home detention; conviction, fine and disqualification for driving with illicit drug present confirmed; the period of licence suspension must be taken into account in fixing any period of disqualification.

Parties
Appellant: David Bradley Monk; Respondent: Regina
Jurisdiction
Australia
Judgment Date
01 February 2022
Procedural Posture
Criminal / Appeal From Local Court Sentence
Outcome
Appeal allowed in part; convictions confirmed; orders varied for intensive corrections order.
Legal Topics
Driving Offences, Negligent Driving Occasioning Death, Sentencing, Appeal
Criminal Law Driving Offences Negligent Driving Occasioning Death Sentencing Appeal

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Parties

David Bradley Monk

Appellant

Regina

Respondent

Procedural Posture

Criminal / Appeal From Local Court Sentence

Legal Issues

  1. 1 Whether the magistrate erred in failing to account for the suspension period with respect to licence disqualification
  2. 2 Appropriate sentence for negligent driving occasioning death
  3. 3 Whether an intensive corrections order is appropriate

Ratio Decidendi

Appellant's conviction for negligent driving occasioning death and driving with illicit drug present confirmed; sentence of imprisonment for negligent driving occasioning death to be served by way of intensive corrections order with home detention; conviction, fine and disqualification for driving with illicit drug present confirmed; the period of licence suspension must be taken into account in fixing any period of disqualification.

Court Disposition

Appeal allowed in part; convictions confirmed; orders varied for intensive corrections order.

Orders

  • Allow the appeals
  • In respect of sequence 007 (driving with illicit drug), confirm conviction, fine and disqualification period