R v MacIntyre [2009] NSWDC 209

New South Wales District Court

CITATION: R v MacIntyre [2009] NSWDC 209

HEARING DATE(S): August 3-4

JUDGMENT DATE: 6 August 2009

JURISDICTION: Criminal

JUDGMENT OF: Knox SC DCJ

CATCHWORDS: CRIMINAL LAW - Dangerous driving - navigation of boat - causing death of young boy swimming near public beach- speed signs - SENTENCE- Periodic Detention

Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing and Procedure) Act 1999 Road Transport (General) Act 1999

The Queen v De Simoni (1981) 147 CLR 383 R v Baker NSWCCA (unrep 26/12/92) R v Berg [2004] NSWCCA 300 R v Dinsdale [2000] HCA 54 R v Errington (2005) 157 A Crim R 553 R v Jurisic [1998] NSWSC 597 R v MacIntyre (1988) 38 A Crim R 135 at 139 CASES CITED: R v McNaughton (2006) 66 NSWLR 566 R v Musumeci NSWCCA (unrep 30/10/97) R v Pisciuneri [2007] NSWCCA 265 R v Pyritz (1998) 29 MVR 90 R v Samadi [2006] NSWCCA 308 R v Veatufunga [2007] NSWCCA 54 R v Whyte [2002] NSWCCA 343 R v Zamagias [2002] NSWCCA 17

PARTIES: Regina Lee-Ann MacIntyre

FILE NUMBER(S): 2008/00019330

COUNSEL: Mr D Williams (for the Crown) Mr G Grogin (for the Offender)

SOLICITORS: Department of Public Prosecutions (for the Crown) Andrew Hartcher Criminal Lawyer (for the Offender)

Introduction

1 At about 9:30 am on Sunday 18 February, 2007, Adam Day, then aged 14, was killed in a tragic boating accident on Lake Conjola, on the South Coast of NSW. The driver of the powerboat which killed him was the offender, Lee-Ann MacIntyre. Mrs MacIntyre appears for sentence in relation to the offence of driving the boat in a dangerous manner resulting in Adam Day's death.