R v Grant (No 2) [2022] NSWDC 46

District Court New South Wales

Medium Neutral Citation: R v Grant (No 2) [2022] NSWDC 46 Hearing dates: 01, 02, 05, 08, 22 and 26 November 2021 - Trial 11 February 2022 - Sentence Date of orders: 04 March 2022 Decision date: 04 March 2022 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: See [185] onwards Catchwords: CRIMINAL LAW –– Driving offences – Dangerous driving occasioning death – Failing to stop and assist – Police pursuit – Intoxication – Erratic driving –Consideration of impact of alcohol and mild cognitive impairment on decision to drive – Assessment of moral culpability in light of aggravating factors considered in R v Whyte SENTENCE –– High degree of moral culpability for dangerous driving offence – Failing to stop and assist offence found below mid-range – Police pursuit offence found below the mid-range and towards the lower range – Mid-range PCA dealt with by conviction with no other penalty – Offender found to have excellent prospects of rehabilitation and a low risk of re-offending SENTENCE –– Substantial harm to the victim recognised by the Court – Assistance fully taken into account – Offender of prior good character – No prior criminal convictions – Remorse established – Offender found to be of poor physical and mental health – Intoxicating effects not taken into account as a mitigating matter on sentence but considered in light of the Offender's deteriorating mental health resorting him to alcohol – Impacts of COVID-19 on prisoners considered Legislation Cited: Crimes Act 1900 (NSW) s 52A Crimes (Administration of Sentences) Act 1999 (NSW) s 276 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 10A, 21A, Criminal Procedure Act 1986 (NSW) ss 166, Road Transport Act 2013 (NSW) ss 110, 205D Cases Cited: Adam v R [2014] NSWCCA 265 Hoskins v R [2020] NSWCA 18 Markarian v R (2005) 228 CLR 357 Muldrock v R (2011) 244 CLR 120 Pullen v R [2018] NSWCCA 264 R v Casey [2015] NSWCCA 142 R v De Simoni [1981] HCA 31; (1981) 147 CLR 383 R v Dunlop [2001] NSWCCA 435 R v Grant [2021] NSWDC 643 R v Holyoak (1995) 82 A Crim R 502 R v Khatter [2000] NSWCCA 32 R v Manok [2017] NSWCCA 232 R v McIntyre (1988) 38 A Crim R 135 R v Minna [2013] NSWDC 104 R v Raymond [2019] NSWDC 579 R v Shashati [2018] NSWCCA 167 R v Taula [2015] NSWCCA 8 R v Whyte (2002) 55 NSWLR 252; 134 A Crim R 53 Shumack v R [2008] NSWCCA 311 WW v R [2012] NSWCCA 165 Category: Sentence Parties: Mr Kenneth Wayne Grant (the Offender) Regina (the Crown) Representation: Counsel: Mr P Boulten SC (the Offender) Mr L Carr SC (the Crown)