NSW Caselaw
Local Court of New South Wales
CITATION: P v Sharman [2006] NSWLC 36 JURISDICTION: Criminal PARTIES: Police John George Sharman FILE NUMBER: PLACE OF HEARING: Manly Local Court DATE OF DECISION: 10/20/2006 MAGISTRATE: Magistrate A George CATCHWORDS: Sentence - Dangerous driving occasioning grievous bodily harm LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure0 Act CASES CITED: REPRESENTATION: Sargeant Morgan Mr Mcanulty ORDERS: Convicted. Good behavior bond under S.9 Crimes (Sentencing Procedure) Act imposed for 18 months.Disqualified from driving for a period of months.
Sentencing Remarks
The accused John George Sharman, with the benefit of legal advice, has pleaded guilty to a charge of Dangerous Driving occasioning grievous bodily harm. The offence is found in section 52 A of the Crimes Act 1900. Section 52 A has been reserved by Parliament for the most serious acts of dangerous driving. In order to be guilty of an offence an accused person must be shown to have driven a motor vehicle in a manner dangerous to the public involving a degree of negligence that places other road users at risk. That degree of negligence is something less than is necessary for the Crown to prove to establish manslaughter by gross criminal negligence.
By what is an extraordinary coincidence of misfortune, the victim of this offence is a five year old child whose name is Sophie Delezio. This little girl has been the subject of considerable publicity because she had been one of the victims of an earlier terrible accident involving the negligent management of a motor vehicle. Her recovery from shocking injuries had seen her raised to national prominence as a benchmark for courage and resilience in the face of adversity. As a result of this accident Miss Delezio was again drawn to national attention particularly as her injuries were so severe that there were grave fears for her survival. Fortunately, if press reports are correct, it seems she has recovered to some extent but that her overall prognosis is uncertain.
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