R v Banks, Craig [2021] NSWDC 827

R v Banks, Craig [2021] NSWDC 827

Because Mr Banks' conduct constituted momentary inattention with low moral culpability, his early plea of guilty, remorse, lack of prior offences, and mild intellectual disability, a custodial sentence of 18 months is imposed but served by intensive correction order with community service, and standard conditions. The automatic driver licence disqualification of three years is imposed, accounting for prior suspension.

Parties
Prosecution: Regina; Offender: Craig James Banks
Jurisdiction
Australia
Judgment Date
01 April 2021
Procedural Posture
Criminal / Sentence
Outcome
offender convicted and sentenced
Legal Topics
Driving Offences, Dangerous Driving Occasioning Death, Sentencing, Moral Culpability, Intensive Correction Order, Community Service
Criminal Law Driving Offences Dangerous Driving Occasioning Death Sentencing Moral Culpability Intensive Correction Order Community Service

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Parties

Regina

Prosecution

Craig James Banks

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for dangerous driving occasioning death under s 52A(1)(c) Crimes Act 1900?
  2. 2 Does the offender's level of moral culpability justify a custodial or non-custodial sentence?
  3. 3 Should subjective circumstances, including intellectual disability and remorse, affect sentence?

Ratio Decidendi

Because Mr Banks' conduct constituted momentary inattention with low moral culpability, his early plea of guilty, remorse, lack of prior offences, and mild intellectual disability, a custodial sentence of 18 months is imposed but served by intensive correction order with community service, and standard conditions. The automatic driver licence disqualification of three years is imposed, accounting for prior suspension.

Court Disposition

offender convicted and sentenced

Orders

  • Craig Banks convicted of dangerous driving causing death
  • Sentence of 18 months imprisonment served by intensive correction order commencing 1 April 2021