R v Crane [2023] NSWDC 315

District Court New South Wales

Medium Neutral Citation: R v Crane [2023] NSWDC 315 Hearing dates: 11 August 2023 Date of orders: 16 August 2023 Decision date: 16 August 2023 Jurisdiction: Criminal Before: Montgomery DCJ Decision: See [49] Catchwords: CRIME – Sentence – s 52A(1) Drive at speed that exceeded 45km/h more than speed limit – Very high intoxication – Dangerous driving occasioning death – Circumstances of aggravation – Plea of guilty Legislation Cited: Crimes Act 1900 (NSW), s 52A Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 9 Mental Health Act 2007 (NSW) Road Rules 2014 (NSW), r 287 Road Transport Act 2013 (NSW), ss 111, 117 Cases Cited: Norouzi v R [2020] NSWCCA 237 R v Meakin [2019] NSWSC 1555 R v Munro [2019] NSWDC 743 R v Polutele [2020] NSWDC 33 R v Whyte (2002) 55 NSWLR 252; [2002] NSWCCA 343 SBF v R [2009] NSWCCA 231 Category: Sentence Parties: Rex (Crown) Peter Stephen Crane (Offender) Representation: Counsel: Mr B Page (Crown) Mr A Conwell (Offender)

Solicitors: Office of the Director of Public Prosecutions NSW (Crown) Legal Aid NSW (Offender) File Number(s): 2022/00039789

Judgment 1. The offender, who was born on 18 August 1982, entered a plea of guilty at the first available opportunity for the offence under s 52A(2) Crimes Act 1900 (NSW) committed on 19 January 2022. The maximum penalty is 14 years imprisonment. There is no standard non-parole period. It is agreed that he is entitled to a discount on sentence of 25%. 2. The parties agreed that the element of aggravation (s 52A(7) Crimes Act 1900 (NSW)) is that at the time of collision the offender was driving at a speed in excess of 45km/h above the posted limit but that his intoxication is an aggravating circumstance for consideration in the synthesis of sentencing. 3. At the sentencing hearing on 11 August 2023 the Crown withdrew the following sequence matters: * H86570264/2: negligent drive occasioning death, s 117(1)(a) Road Transport Act 2013 (NSW); and * H86570264/3: drive motor vehicle with illicit drug present in blood, s 111(1)(a) Road Transport Act 2013 (NSW). 1. At the time of the offence, Mr Crane was 39 years of age. He suffered significant injuries in the motor vehicle collision, and Ms Bonnie Berrell (DOB: 11/07/1984) suffered injuries resulting in her death. He was admitted to hospital. On 10 February 2020, on his release from hospital, the offender was arrested and taken into police custody. At the time of this judgment, he will have spent 1 year, 6 months and 6 days (552 days) in custody. 2. The offending occurred whilst the offender was subject to a Community Corrections Order (CCO) made 23 June 2021, for 2 years, concluding 22 June 2023. 3. The offender has an extensive criminal antecedent history over the course of which he has repeatedly been dealt with by way of recognisances, disqualifications from driving, suspensions of licence and only on one occasion, periodic incarceration. 4. The Crown relies on the offender's extensive traffic record but, in particular, highlights the following offending background as most pertinent for present consideration of sentencing: * 21 August 1998: The offender was issued with a learner licence. * 6 February 2000: The offender drove with a special range prescribed concentration of alcohol. * 29 March 2005: The offender exceeded the speed limit by more than 45km/h at a speed greater than 130km/h. * 15 April 2005: The offender drove a motor vehicle with a high range blood alcohol concentration. * 28 September 2007: The offender drove a motor vehicle with a middle range prescribed concentration of alcohol. * 1 January 2008: The offender was found in possession of a prohibited drug. * 28 May 2009: The offender drove with a middle range blood alcohol concentration (sentenced to periodic detention for 9 months). * 20 April 2013: The offender exceeded the speed limit by more than 10km/h but less than 20km/h. * 22 August 2014: The offender exceeded the speed limit by not more than 10km/h. * 17 July 2015: The offender exceeded the speed limit by not more than 10km/h. * 15 August 2015: The offender exceeded speed limit by more than 30km/h but not more than 45km/h. * 28 November 2015: The offender exceeded the speed limit by more than 10km/h but less than 20km/h. * 9 April 2016: The offender drove a motor vehicle while disqualified (first offence). * 26 December 2017: The offender drove a motor vehicle while disqualified (second offence). * 28 January 2018: The offender was found in possession of a prohibited drug and equipment for the administering of prohibited drug. * 3 August 2018: The offender was found in possession of the prohibited drug. * 18 March 2018: The offender was found in possession of a prohibited drug. * 3 February 2020: The offender exceeded speed limit by more than 10km/h but less than 20km/h. * 12 January 2021: The offender was found in possession of a prohibited drug (sentenced to a 2 year CCO which was the recognisance breached by the present offending). * 1 April 2021: The offender exceeded the speed limit by not more than 10km/h. * 3 April 2021: The offender exceeded the speed limit by more than 30km/h but less than 45km/h. * 4 April 2021: The offender exceeded the speed limit by not more than 10km/h. * 5 April 2021: The offender drove with illicit drug present in his blood. * 11 August 2021: The offender exceeded the speed limit by not more than 10km/h. * 14 August 2021: The offender exceeded speed limit by more than 30km/h but less than 45km/h. * 5 August 2021: The offender exceeded the speed limit by more than 10km/h but not more than 20km/h. * 4 January 2022: The offender exceeded the speed limit by more than 10km/h but not less than 20km/h. 1. The Crown submitted (MFI 1) and the Defence did not contest that on 16 September 2021 the offender's licence was suspended by RMS for 6 months commencing 16 June 2021 and concluding 15 March 2022. The subject offending occurred whilst the offender was driving in breach of that suspension.