R v Hutchison [2019] NSWDC 683

R v Hutchison [2019] NSWDC 683

Given the Offender’s multiple serious offences arising from dangerous and aggravated dangerous driving, resulting in substantial injury, property damage, and aggravated by high intoxication, presence of a child, being on conditional liberty, and lack of genuine remorse, a full-time custodial sentence is required to satisfy punishment, deterrence, and community protection. Aggregate imprisonment and disqualification periods are appropriate for the offending, in addition to fines and compensation to a primary victim.

Jurisdiction
Australia
Judgment Date
26 July 2019
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to aggregate term of full-time imprisonment, disqualified from driving, ordered to pay fines, and ordered to pay compensation to primary victim.
Legal Topics
['sentencing' 'dangerous Driving' 'aggravated Dangerous Driving Occasioning Grievous Bodily Harm' 'destroy/damage Property' 'driving Whilst Disqualified' 'use Unregistered Motor Vehicle' 'use Uninsured Motor Vehicle']
['criminal Law'] ['sentencing' 'dangerous Driving' 'aggravated Dangerous Driving Occasioning Grievous Bodily Harm' 'destroy/damage Property' 'driving Whilst Disqualified' 'use Unregistered Motor Vehicle' 'use Uninsured Motor Vehicle']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for multiple offences arising from dangerous and aggravated dangerous driving, causing grievous bodily harm, property damage, and driving while disqualified, aggravated by intoxication and breaches of bonds?']

Ratio Decidendi

Given the Offender’s multiple serious offences arising from dangerous and aggravated dangerous driving, resulting in substantial injury, property damage, and aggravated by high intoxication, presence of a child, being on conditional liberty, and lack of genuine remorse, a full-time custodial sentence is required to satisfy punishment, deterrence, and community protection. Aggregate imprisonment and disqualification periods are appropriate for the offending, in addition to fines and compensation to a primary victim.

Court Disposition

Convicted and sentenced to aggregate term of full-time imprisonment, disqualified from driving, ordered to pay fines, and ordered to pay compensation to primary victim.

Orders

  • ['Convicted of four offences on Crown Sentence Summary: sequence 3 (cause bodily harm by misconduct, Crimes Act s53); sequence 11 (aggravated dangerous driving occasioning grievous bodily harm, Crimes Act s52A(4), with Form 1 matter attached); sequence 12 (aggravated dangerous driving occasioning grievous bodily...