DPP v Foggo [2006] NSWLC 39

Local Court of New South Wales

CITATION: DPP v Foggo [2006] NSWLC 39 JURISDICTION: Criminal PARTIES: Director of Public Prosecutions Ronald Sydney Foggo FILE NUMBER: PLACE OF HEARING: Downing Centre Local Court DATE OF DECISION: 03/21/2006 MAGISTRATE: Deputy Chief Magistrate G Henson CATCHWORDS: Sentence - Negligent Driving (Occasioning Death) Road Transport (Safety and Traffic Management Act 1999 LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 R v Thompson and Houlton [2000] NSWCCA 309 CASES CITED: R v Harmouche [2005] NSWCCA 398 R v White [2002] NSWCCA 343 REPRESENTATION: Ms Smith Mr Wilkinson ORDERS: The defendant is convicted. Released pusuant to the provisions of Section 9 of the Crimes (Sentencing Procedure) Act 1999 to be of good behaviour and appear for sentence if called upon during the next 12 months. The defendant is disqualified from holding or obtaining a license under the relevant Act for the minimum period of 12 months.

REMARKS ON SENTENCE

On 8th November 2004 the defendant was the driver of a small community bus when it was involved in a motor vehicle accident at the intersection of Woonona Parade and Myall Road Oatley. As a result of that accident Mr. Hugh Dryden aged 87 and Mr. Arthur Gilroy 97 lost their lives. Ms. Lucy Hayes, then aged 96 suffered significant injuries, but recovered after a period of medical supervision.

On 28th March 2005 the defendant was charged with a variety of offences arising out of police investigations into the nature and cause of the accident. The Director of Public Prosecutions accepted that the appropriate charge is one of Negligent Driving (occasioning death) contrary to the provisions of Section 42(1)(a) of the Road Transport (Safety and Traffic Management) Act 1999. The defendant entered a plea to this charge in circumstances where the Crown accepts it was a plea entered at the first available opportunity. In the light of the guideline judgment in R –v- Thomson and Houlton [2000] NSWCCA 309 and subsequent decisions, such as R. –v- Harmouche [2005] NSWCCA 398 the entry of a plea of guilty and the timing of the plea are matters for consideration in terms of the utilitarian value of the plea and the ultimate question of whether a discount for a plea of guilty is to be applied in mitigating the sentence ultimately to be imposed.