R v Jeans [2019] NSWDC 915

District Court New South Wales

Medium Neutral Citation: R v Jeans [2019] NSWDC 915 Hearing dates: 25 October 2019 Decision date: 25 October 2019 Jurisdiction: Criminal Before: King SC DCJ Decision: SEQ 1: Convicted. Special circumstances found – first time in custody, need for a longer period on parole to assist with rehabilitation into the community. Sentenced to a term of imprisonment for 3 years and 6 months, comprising of a non-parole period of 2 years to commence on 25/10/19 and to expire on 24/10/21 and a balance of term of 1 year and 6 months to commence on 25/10/21 and to expire on 24/4/23. SEQ 2: Convicted. Sentenced to a fixed term of imprisonment for 6 months commencing 25/10/19 to be served concurrently with the sentence imposed in respect of Sequence 1. SEQ 3: Withdrawn and dismissed. The automatic disqualification period of 5 years is to apply. *Medical reports to accompany prisoner – copies given to Corrective Services officers in court today. Catchwords: CRIME – Sentence - dangerous driving occasioning death - cause bodily harm by misconduct in charge of motor vehicle – manner of driving – role of mobile phone use – moral culpability – family Victim Impact Statements – importance of general deterrence - subjective matters Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Thomson & Houlton (2000) 49 NSWLR 383 Texts Cited: Driver crash risk factors and prevalence evaluation using naturalistic driving data Thomas A. Dingus, Feng Guo, Suzie Lee, Jonathan F. Antin, Miguel Perez, Mindy Buchanan-King, and Jonathan Hankey PNAS March 8, 2016 113 (10) 2636-2641; first published February 22, 2016 Category: Sentence Parties: Regina Jeans, Lindsay Representation: Counsel: Crown: Mr T Bailey Defence: Mr I Lloyd QC Mr S Tovey Solicitors: Crown: Ms E Brown Defence: Ms D Markotich File Number(s): 2018/00126177