R v Whybrow [2007] NSWDC 223

New South Wales District Court

CITATION: R v Whybrow [2007] NSWDC 223

HEARING DATE(S): 24 October 2007

JUDGMENT DATE: 2 November 2007

EX TEMPORE JUDGMENT DATE : 27 October 2007

JURISDICTION: Criminal

JUDGMENT OF: Nield DCJ

DECISION: See paragraphs 42 - 46

CATCHWORDS: Criminal Law - Sentence - Offences of aggravated dangerous driving causing death and grievous bodily harm - Prescribed concentration of alcohol present in the offender's blood - Level of moral culpability

LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

R v Jurisic (1998) 45 NSWLR 209 CASES CITED: R v Whyte (2002) 55 NSWLR 252 R v Price (2004) NSWCCA 186 R v Thompson (2007) NSWCCA 299

PARTIES: Crown Jamie Samuel George Whybrow

FILE NUMBER(S): 07/31/1002

COUNSEL: Mr D. Brack (Crown) Mr P. Nematalla (Offender)

SOLICITORS: NSW DPP Brazel Moore Lawyers

JUDGMENT

HIS HONOUR: 1 The offender is Jamie Samuel George Whybrow. He was born on 17 October 1985. Accordingly, he was aged twenty years six months when, on 23 April 2006, he was involved in the subject motor vehicle collision and he is aged twenty-two years now.

2 The offender is the third child of his parents' four children. He has two older and one younger brothers. Both his parents and all his siblings are alive.

3 The offender was raised by his parents until their separation when he was aged twelve years. Thereafter, he was raised by his mother alone until her remarriage and, thereafter, by his mother and stepfather. He has two step siblings as a result of his mother's remarriage.