R v Meakin (No. 3) [2016] NSWSC 1602

R v Meakin (No. 3) [2016] NSWSC 1602

The offender, intoxicated, drove his van deliberately onto the nature strip and struck Nicholas McEvoy, intending to inflict grievous bodily harm and not to kill. The Court found the offence was aggravated by use of the vehicle as a weapon and failure to stop or assist the victim. Despite subjective factors and absence of remorse, the sentence was determined with emphasis on general deterrence and objective seriousness.

Parties
Prosecutor: Crown; Accused: Michael Meakin
Jurisdiction
Australia
Judgment Date
18 November 2016
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Murder, Sentencing, Aggravating Factors, Intoxication, General Deterrence
Criminal Law Murder Sentencing Aggravating Factors Intoxication General Deterrence

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Parties

Crown

Prosecutor

Michael Meakin

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Sentencing for murder where offender is intoxicated
  2. 2 Whether the offender intended to inflict grievous bodily harm or kill the victim
  3. 3 Consideration of aggravating and mitigating factors in sentencing

Ratio Decidendi

The offender, intoxicated, drove his van deliberately onto the nature strip and struck Nicholas McEvoy, intending to inflict grievous bodily harm and not to kill. The Court found the offence was aggravated by use of the vehicle as a weapon and failure to stop or assist the victim. Despite subjective factors and absence of remorse, the sentence was determined with emphasis on general deterrence and objective seriousness.

Court Disposition

convicted and sentenced

Orders

  • For the murder of Nicholas McEvoy, sentenced to a non-parole period of 18 years commencing 4 August 2016 and expiring 3 August 2034 with a balance of term of 6 years expiring 3 August 2040.
  • Charge on the s 166 certificate of fail to stop and assist after vehicle impact causing death is dismissed.