Regina v Catherine Louise Addison-Jamieson [2007] NSWDC 280

New South Wales District Court

CITATION: Regina v Catherine Louise Addison-Jamieson [2007] NSWDC 280

JUDGMENT DATE: 16 November 2007

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Dangerous driving occasioning grievous bodily harm ; Convicted. Sentenced 16 Months Non Parole Period; 2years 15 days balance of term. s, 166 Criminal Procedure Act - backup charge withdrawn.; Disqualified from driving for 3 years.

CATCHWORDS: Criminal Law - Sentencing - Dangerous driving causing GBH - Speed dangerous - unaccompanied learner driver - speeding of hill's crest - car airborne - loss of control - backseat passenger rendered tetraplegic - circumstances in which an element of the offence is aggravated in criminality - hardship to third parties from prison sentence - onus of proof - quality of evidence issues - driving adult activity - general deterrence appropriate.

LEGISLATION CITED: s 21A(2(g); and (3)(j) Crime Sentencing Procedure Act 1989

R v Cuthbert [1967] 2 NSWR 329 R v Rushby [1977] NSWLR 597 R v Hayes [1984] 1 NSWLR 740 CASES CITED: Gladue v Regina [1999] 1SCR 688 [80] R v Whyte [2006] NSWCCA 340 R v Buttsworth [1983] 1 NSWLR 658 R v Hearne (2001) 124 A Crim R 451 R v Jurasic (1998) 45 NSWLR 209

PARTIES: Regina Catherine Louise Addison-Jamieson

FILE NUMBER(S): 07/21/1153

COUNSEL: Defence: B Longville

SOLICITORS: CROWN: Mr Borosh Defence:Mr M Mantaj

SENTENCE

HIS HONOUR: 1. There are more than a thousand and one ways an automobile can kill, maime and destroy. Within a moment what was causing fun and laughter in a car can be turned into sorrow, tears and wreckage. Within the blink of an eye what was a life of promise, health and prospects can be changed in the collision to a life of handicap, illness and endless struggle. It is for this reason those who are permitted to drive motor vehicles must be ever vigilant, ever responsible, ever obedient to the motor traffic laws.