R v Michael John SHUMACK [2007] NSWDC 254

New South Wales District Court

CITATION: R v Michael John SHUMACK [2007] NSWDC 254

HEARING DATE(S): 23/09/2007 03/12/2007

JUDGMENT DATE: 3 December 2007

JURISDICTION: Criminal

JUDGMENT OF: Conlon SC DCJ

DECISION: CONVICTED: Find special circumstances. Count 1: Non-parole period of 4 years imprisonment TDF 15 October 2007 with an additional 2 years; Cont 2: Non-parole period of 3 years TDF 15 October 2009 with an additonal 2 years. Automatic Disqualification period of 3 years.

CATCHWORDS: Criminal Law - Sentence - Dangerous driving occasioning death - Fail to stop and assist after vehicle impact causing death - Accused claims not driver of car - Speed and Alcohol as contributing factors - Moral Culpability - After Trial - Verdicts of guilty - Lack of remorse

Crimes Act 1900 (NSW) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Amendment (Road Accidents) Bill

R v Errington (2005) 147 ACR 553 R v Khatter [2000] NSWCCA 32 CASES CITED: R v Whyte (2002) 55 NSWLR 252 R v Previtera (1997) 94 ACR 75 R v Bollen (1998) 99 ACR 510

PARTIES: Crown Michael John Shumack (Accused)

FILE NUMBER(S): 07/41/0045

COUNSEL: Mr M Fox (Crown) Mr J Doris (Accused)

SOLICITORS: Ms K Ratcliffe (Crown) Mr J David (Accused)

JUDGMENT

1 HIS HONOUR: The offender Michael John Shumack appears for sentence after trial where he was found guilty by jury of two counts; the first count is that of dangerous driving occasioning death, which is an offence pursuant to s 52A(1)(c) of the Crimes Act. That offence carries a maximum penalty of ten years imprisonment. The second count is of fail to stop and assist after vehicle impact causing death, which is an offence pursuant to s 52AB(1) of the Crimes Act. That offence carries a maximum penalty of ten years imprisonment. The trial commenced in the Wollongong District Court on 2 October 2007 and the jury returned their verdicts of guilty on 15 October 2007