R v Griffiths [2024] NSWDC 605

District Court New South Wales

Medium Neutral Citation: R v Griffiths [2024] NSWDC 605 Hearing dates: 17 December 2024 Date of orders: 17 December 2024 Decision date: 17 December 2024 Jurisdiction: Criminal Before: Fitzsimmons SC DCJ Decision: (1) The offender is convicted. (2) The offender is sentenced to a term of two years imprisonment. (3) Pursuant to 7(1) of the Crimes (Sentencing Procedure) Act 1999, the sentence imposed is to be served by way of an intensive correction order. The sentence will commence today, 17 December 2024. (4) The standard conditions that apply during the term of the order are that the offender: (a) Must not commit any offence; and (b) Must submit to supervision by a community corrections officer at the Wollongong Community Corrections office and is to attend this office within 7 days to facilitate this condition. (5) The following additional conditions apply: (a) The offender is to perform 450 hours of community service work; and (b) The offender is to comply with any reasonable directions of his general practitioner and any treating psychiatrist, with respect to any treatment, including the treatment referred to in the report of Dr Samuels. (6) The offender is disqualified from holding or obtaining a driver's licence for a period of 3 years commencing on the date of his conviction. I note that s 206B of the Road Transport Act 2013 applies in relation to the offender's disqualification period. Catchwords: CRIME – sentence - drive manner dangerous causing death – driver of public bus – collision with pedestrian at intersection - assessment of moral culpability from manner of driving – victim impact statements – remorse – contrition – psychiatric disability – consideration of intensive correction order Legislation Cited: Crime (Sentencing Procedure) Act 1999, ss 3A, 7(1), 66 Crimes Act 1900, ss 52A(1)(c) Road Transport Act 2013, s 206B Cases Cited: Duncan v R [2012] NSWCCA 78 R v McKeown [2013] NSWDC 22 R v Smith [2016] NSWCCA 75 R v Whyte (2002) 55 NSWLR 252 R v Wran [2016] NSWSC 1015 Stanley v Director of Public Prosecutions (NSW) [2023] HCA 3 Category: Sentence Parties: Rex Samuel Griffiths Representation: Counsel: Ms N Keay (Crown) Mr P Kondich (Offender)