R v Haydon Charles Ready [2021] NSWDC 341

District Court New South Wales

Medium Neutral Citation: R v Haydon Charles Ready [2021] NSWDC 341 Hearing dates: 3 - 7 May 2021 (Trial) 5, 8 and 12 July 2021 (Sentence) Crown written submissions – 30 June, 5 and 9 July 2021 Defence written submissions – 3 July 2021 Date of orders: 12 July 2021 Decision date: 12 July 2021 Jurisdiction: Criminal Before: Hatzistergos AM DCJ Decision: Sequence 2 – 9 months imprisonment. Sentence stayed pending assessment for Intensive Correction Order with home detention condition Sequence 4 – fined $300 Catchwords: CRIMINAL LAW –– Negligent driving occasioning death (Sequence 2) – Public bus driven by the Offender collided with the deceased whilst conducting a right hand turn on green light – Offender failed to keep a proper lookout in circumstances where his view was impaired by a combination of environmental factors – Significance of the Offender driving heavy vehicle – Obligation to ensure appropriate response for any reason driving conditions were compromised –Offending found to be in mid-range of objective seriousness – Driving with illicit substances in blood (sequence 4) – small residual presence from earlier consumption – No impact on driving SENTENCE –– No aggravating factors – Mitigating factors – Discount for early guilty plea where Crown did not accept Defence offer prior to trial – Remorse established – Reasonable prospects of rehabilitation Legislation Cited: Crimes (Sentencing Procedure Act) 1999 (NSW), ss 17C, 17D, 30E, 21A Criminal Procedure Act 1986 (NSW), s 166 Road Transport Act 2013 (NSW), ss 111, 117 Cases Cited: Bonsu v R [2009] NSWCCA 316 Director of Public Prosecutions (NSW) v Mansouri [2016] NSWLC 17 Director of Public Prosecutions (NSW) v Pelletier [2014] NSWLC 9 Director of Public Prosecutions v Markovski [2011] NSWLC 31 Director of Public Prosecutions v Victoria Bhandari [2011] NSWLC 7 Mitchell v R (2009) 52 MVR 488 at 491 R v Fageer [2017] NSWLC 18 R v Janceski [2005] NSWCCA 288 Category: Sentence Parties: Regina (the Crown) Haydon Charles Ready (the Offender) Representation: Counsel: Mr C Evans (the Crown) Mr P Allport (the Offender)