R v Sams [2023] NSWDC 113

District Court New South Wales

Medium Neutral Citation: R v Sams [2023] NSWDC 113 Hearing dates: 24 February 2023 Decision date: 03 March 2023 Jurisdiction: Criminal Before: Coleman SC DCJ Decision: Full time custodial sentence. For orders, see [89]. Catchwords: SENTENCING – Relevant factors on sentence – Dangerous driving occasioning grievous bodily harm – Objective seriousness – Moral culpability – Level of intoxication Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Road Transport Act 2013 (NSW) Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) [2002] NSWCCA 518; 56 NSWLR 146 Bugmy v The Queen (2013) 249 CLR 571 R v Whyte (2002) 55 NSWLR 252 Category: Sentence Parties: Director of Public Prosecutions (Crown) Daniel Sams (Offender) Representation: Counsel: Mr J Stanhope (Crown) Mr S Bouveng (Offender)

Solicitor: ODPP (Crown) Michel & White Lawyers (Offender) File Number(s): 2022/00006550

JUDGMENT 1. The offender, Daniel Sams, is to be sentenced today for the following two offences to which he has pleaded guilty: 1. The first offence is of causing bodily harm by misconduct in charge of a motor vehicle, contrary to s 53 of the Crimes Act 1900 (NSW) ('Crimes Act'), being sequence 2. This offence carries a maximum penalty of two years imprisonment with no standard non-parole period. 2. The second offence is of dangerous driving occasioning grievous bodily harm, an offence under s 52A(3)(c) of the Crimes Act, being sequence 7. The maximum penalty for this offence is seven years imprisonment and there is no standard non-parole period for this offence. 1. In relation to the s 52A(3)(c) offence, the offender asks that one matter be taken into account on a Form 1, namely the offence of failing to stop and assist a vehicle after impact causing grievous bodily harm, contrary to s 52AB(2) of the Crimes Act, being sequence 3. The maximum penalty for that offence is seven years imprisonment. 2. The offender pleaded guilty to the offences at the earliest opportunity and is thus entitled to a 25% discount on any sentence imposed to reflect the utilitarian value of the plea.