R v MacIntyre [2009] NSWDC 209

R v MacIntyre [2009] NSWDC 209

Given the offender’s low level of moral culpability, lack of prior convictions, significant remorse and psychiatric impacts, but recognising the need for general deterrence in cases involving death, the appropriate sentence is imprisonment for eighteen months to be served by way of periodic detention, with a non-parole period of twelve months, and disqualification from holding a boating licence for three years.

Parties
Prosecution: Regina; Defendant: Lee-Ann MacIntyre
Jurisdiction
Australia
Judgment Date
06 August 2009
Procedural Posture
Criminal / Sentence
Outcome
The offender is convicted and sentenced to eighteen months' imprisonment by way of periodic detention, with a non-parole period of twelve months, and recommended disqualification from holding a boating licence for three years.
Legal Topics
Dangerous Navigation, Dangerous Driving, Sentencing, Aggravating and Mitigating Factors, Remorse, Periodic Detention, Boating Incidents
Criminal Law Dangerous Navigation Dangerous Driving Sentencing Aggravating and Mitigating Factors Remorse Periodic Detention Boating Incidents

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Parties

Regina

Prosecution

Lee-Ann MacIntyre

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for dangerous navigation occasioning death
  2. 2 Assessment of moral culpability and level of criminality
  3. 3 Consideration of aggravating and mitigating factors under Crimes (Sentencing Procedure) Act

Ratio Decidendi

Given the offender’s low level of moral culpability, lack of prior convictions, significant remorse and psychiatric impacts, but recognising the need for general deterrence in cases involving death, the appropriate sentence is imprisonment for eighteen months to be served by way of periodic detention, with a non-parole period of twelve months, and disqualification from holding a boating licence for three years.

Court Disposition

The offender is convicted and sentenced to eighteen months' imprisonment by way of periodic detention, with a non-parole period of twelve months, and recommended disqualification from holding a boating licence for three years.

Orders

  • The offender, Lee-Ann MacIntyre, is convicted of the offence.
  • Sentenced to eighteen months' imprisonment to be served by way of periodic detention, non-parole period of twelve months, commencing 15 August 2009.