P v Sharman [2006] NSWLC 36

P v Sharman [2006] NSWLC 36

Given Mr Sharman's age, exemplary record, sincere contrition, low moral culpability, circumstances involving momentary inattention substantially contributed to by sun glare and inadequate road signage, the appropriate sentence is conviction, good behaviour bond under section 9 for 18 months, and disqualification...

Source-derived case information.

Parties
Prosecution: Police; Defendant: John George Sharman
Jurisdiction
Australia
Judgment Date
20 October 2006
Procedural Posture
Criminal / Sentencing
Outcome
Convicted; good behaviour bond under section 9 Crimes (Sentencing Procedure) Act for 18 months; disqualified from driving for 12 months.
Legal Topics
Dangerous Driving Occasioning Grievous Bodily Harm, Sentencing, Disqualification From Driving
Criminal Law Traffic Law Dangerous Driving Occasioning Grievous Bodily Harm Sentencing Disqualification From Driving

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Parties

Police

Prosecution

John George Sharman

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for dangerous driving occasioning grievous bodily harm under section 52A of the Crimes Act 1900
  2. 2 Assessment of moral culpability and criminality
  3. 3 Whether imprisonment or good behavior bond is appropriate in the circumstances

Ratio Decidendi

Given Mr Sharman's age, exemplary record, sincere contrition, low moral culpability, circumstances involving momentary inattention substantially contributed to by sun glare and inadequate road signage, the appropriate sentence is conviction, good behaviour bond under section 9 for 18 months, and disqualification from driving for 12 months—the minimum period prescribed by law. There is no benefit to the community in imposing a custodial sentence in these particular circumstances.

Court Disposition

Convicted; good behaviour bond under section 9 Crimes (Sentencing Procedure) Act for 18 months; disqualified from driving for 12 months.

Orders

  • Defendant convicted.
  • Defendant to enter good behaviour bond under section 9, Crimes (Sentencing Procedure) Act for 18 months.