NSW Police v Nash [2016] NSWLC 3

NSW Police v Nash [2016] NSWLC 3

The offender's negligence consisted of failing to keep a proper lookout while turning right, causing a fatal collision. The court found that he looked but failed to see the motorcycle, did not abandon his responsibility as a driver, and that his negligence fell between the lower end and halfway mark for this offence. Having considered the purposes of sentencing, s 5 of the Crimes (Sentencing Procedure) Act 1999, aggravating and mitigating factors, the guilty plea, strong subjective case, remorse, prior good character and driving history, the court concluded that a penalty other than imprisonment was appropriate. The same factors, plus his rural farming work, need for a licence and lack of...

Jurisdiction
Australia
Judgment Date
12 April 2016
Procedural Posture
Criminal Sentence for Negligent Driving Occasioning Death Under S 117(1)(a), Road Transport Act 2013 / Sentence Following Plea of Guilty; Back Up Charge Withdrawn
Outcome
Community Service Order of 250 hours; licence disqualification for 12 months; order for photograph and fingerprints.
Legal Topics
['negligent Driving Occasioning Death' 'failure to Keep Proper Lookout' 'community Service Order' 'licence Disqualification' 'general Deterrence' 'remorse and Prior Good Character' 'victim Impact Statement']
['criminal Law' 'sentencing' 'traffic Law'] ['negligent Driving Occasioning Death' 'failure to Keep Proper Lookout' 'community Service Order' 'licence Disqualification' 'general Deterrence' 'remorse and Prior Good Character' 'victim Impact Statement']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence for Negligent Driving Occasioning Death Under S 117(1)(a), Road Transport Act 2013 / Sentence Following Plea of Guilty; Back Up Charge Withdrawn

Legal Issues

  1. 1 ['What sentence was appropriate for negligent driving occasioning death where the offender failed to keep a proper lookout while turning right.' "Whether the offender's culpability and subjective circumstances justified a penalty other than imprisonment." 'Whether the automatic licence disqualification period should be reduced to the statutory minimum period.']

Ratio Decidendi

The offender's negligence consisted of failing to keep a proper lookout while turning right, causing a fatal collision. The court found that he looked but failed to see the motorcycle, did not abandon his responsibility as a driver, and that his negligence fell between the lower end and halfway mark for this offence. Having considered the purposes of sentencing, s 5 of the Crimes (Sentencing Procedure) Act 1999, aggravating and mitigating factors, the guilty plea, strong subjective case, remorse, prior good character and driving history, the court concluded that a penalty other than imprisonment was appropriate. The same factors, plus his rural farming work, need for a licence and lack of...

Court Disposition

Community Service Order of 250 hours; licence disqualification for 12 months; order for photograph and fingerprints.

Orders

  • ['Wallace Nash is sentenced to perform 250 hours of community service and report to the Dubbo office of Community Corrections within 7 days.' 'Disqualification will be for the minimum period of 12 months.' 'Mr Nash is warned not to drive on a road or road related area during the disqualification period or thereafter...