R v Jones [2006] NSWDC 43

New South Wales District Court

CITATION: R v Jones [2006] NSWDC 43

HEARING DATE(S): 24 July 2006 2 August 2006

JUDGMENT DATE: 16 August 2006

JUDGMENT OF: Nield DCJ at 1

DECISION: Offender convicted and sentenced to imprisonment for 2 years 6 months with a non-parole period of 1 year 3 months and a parole period of 1 year 3 months. Order that the non-parole period be served by periodic detention. Offender disqualified from holding or obtaining a licence to drive a motor vehicle under the relevant legislation for 2 years and 6 months from today.

CATCHWORDS: Sentence - dangerous driving causing death - level of moral culpability - effect of aggravating factors - effect of hardship upon offender's children.

LEGISLATION CITED: s 52A Crimes Act s 3A; s21A Crimes (Sentencing Procedure) Act

CASES CITED: R v Jurisic (1998) 45 NSWLR 209; (1998) 101 A Crim R 259; (1998) 29 MVR 49] R v Whyte (2002) 55 NSWLR 252; (2002) 134 A Crim R 53]

PARTIES: Regina Catherine Mary Jones

FILE NUMBER(S): 05/11/0110

COUNSEL: Mr D. Wilson (Crown) Mr M. Allen (Offender)

SOLICITORS: Mr K. Lambeth (Crown) Ms L. Haywood (Offender)

JUDGMENT

1 HIS HONOUR: As to the sentencing of Catherine Mary Jones.

2 At about 2.30 pm on 23 November 2004 a pedestrian, Mrs Beryl Corby, was struck by a motor vehicle being driven by Ms Catherine Mary Jones while she, Mrs Corby, was walking across Lambert Street in Bathurst.

3 As a result of the collision, Mrs Corby suffered severe injuries, which caused her death.

4 Mrs Corby was aged about 74 years. She was a widow, her husband having died about 8 years before her. She was the mother of four children and the grandmother of then 8 grandchildren. Her death has had a profound and far-reaching affect upon her children, as revealed by the statements, Exhibits H, J, K and L. Although I have never experienced the effect of losing a loved one as the result of a motor vehicle collision, and I hope that I never experience it, I can understand and appreciate the hurt, pain and anger suffered by Mrs Corby's children at losing their mother in such a sudden, unexpected and unnecessary way. I extend to Mrs Corby's children and to her grandchildren the Court's condolences for their great loss.