Regina v Nastassia Grady [2009] NSWDC 202

Regina v Nastassia Grady [2009] NSWDC 202

Given the seriousness of the offence, particularly the high level of intoxication just below the aggravated threshold, and taking into account the guideline judgments, the only appropriate sentence is fulltime imprisonment. Mitigating factors such as youth, good character, remorse, and a plea of guilty have already been accounted for in the guideline. Exceptional circumstances justified reducing the non-parole period, but not a non-custodial option.

Jurisdiction
Australia
Judgment Date
01 May 2009
Procedural Posture
Criminal / Sentencing
Outcome
Defendant sentenced to sixteen months imprisonment with a non-parole period of six months and the balance of ten months on parole, along with a disqualification from holding a driver licence for three years commencing 29 March 2008.
Legal Topics
['dangerous Driving Causing Grievous Bodily Harm' 'sentencing' 'general Deterrence' 'alcohol Related Offences' 'parole']
['criminal Law'] ['dangerous Driving Causing Grievous Bodily Harm' 'sentencing' 'general Deterrence' 'alcohol Related Offences' 'parole']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for dangerous driving occasioning grievous bodily harm under s 52A of the Crimes Act 1900?' 'Whether factors such as the victim removing a seatbelt or the offender’s remorse and rehabilitation prospects should mitigate the objective seriousness of the offence.' 'Whether alternative sentencing options such as home detention, periodic detention or a suspended sentence are appropriate.']

Ratio Decidendi

Given the seriousness of the offence, particularly the high level of intoxication just below the aggravated threshold, and taking into account the guideline judgments, the only appropriate sentence is fulltime imprisonment. Mitigating factors such as youth, good character, remorse, and a plea of guilty have already been accounted for in the guideline. Exceptional circumstances justified reducing the non-parole period, but not a non-custodial option.

Court Disposition

Defendant sentenced to sixteen months imprisonment with a non-parole period of six months and the balance of ten months on parole, along with a disqualification from holding a driver licence for three years commencing 29 March 2008.

Orders

  • ['Imprisonment for a total term of sixteen months: non-parole period of six months (1 May 2009 to 31 October 2009), balance of ten months on parole (1 November 2009 to 31 August 2010).' 'Release on parole on 31 October 2009, supervised by the NSW Probation and Parole Service, with directions to address any alcohol...