R v Richardson [2022] NSWDC 596

District Court New South Wales

Medium Neutral Citation: R v Richardson [2022] NSWDC 596 Hearing dates: 16 December 2021 Date of orders: 28 January 2022 Decision date: 28 January 2022 Jurisdiction: Criminal Before: Bright DCJ Decision: Term of imprisonment of 2 years 7 months with a non-parole period of 1 year 3 months. Catchwords: CRIME — Driving offences — Aggravated dangerous driving occasioning grievous bodily harm — Circumstances of aggravation — Driving under influence of illicit drugs Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Road Transport Act 2013 (NSW) Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 R v Manok [2017] NSWCCA 232 R v Whyte [2002] NSWCCA 343 Category: Sentence Parties: Rex (Crown) Kyle Richardson (Accused) Representation: Counsel: Mr L Brasch (Accused)

Solicitors: Mr S Burton (Crown) File Number(s): 2020/00133258 Publication restriction: NA

Judgment 1. Kyle Richardson, 20 years of age, appears before the Gosford District Court for sentence in relation to the following offences: 1. Aggravated dangerous driving (under the influence of drugs) occasioning grievous bodily harm, an offence pursuant to s 52A(4), Crimes Act. The maximum prescribed penalty for that offence is 11 years imprisonment. There is no standard non-parole period. 2. One offence on a s 166 certificate of drive whilst suspended (first offence), an offence pursuant to s 54(3)(a), Road Transport Act. The maximum prescribed penalty for that offence is six months imprisonment. 1. The offender pleaded guilty on 23 September 2021 at the Gosford Local Court. Having regard to the timing of the plea, I propose to allow a discount on sentence of 25%. 2. The offender has spent 177 days in custody. This period of time will be taken into account on sentence. 3. The offences were committed on 4 May 2020. The offender drove south on the M1 Motorway travelling at excessive speed and impaired by a combination of drugs. He lost control of his vehicle, colliding with a sandstone wall and seriously injured his passenger, Kelsey Gottl, his partner who was in the front passenger seat. 4. The offender had travelled from Toukley on the Central Coast to the scene of the collision, a distance of approximately 65 kilometres.