R v M.M.E.B [2011] NSWDC 207

District Court New South Wales

Medium Neutral Citation: R v M.M.E.B [2011] NSWDC 207 Hearing dates: 17/12/10 Decision date: 04 March 2011 Before: NICHOLSON SC DCJ Decision: Driving under the influence of a drug occasioning death: Convicted. Sentence to 2 years and 6 months imprisonment with a non-parole period of 15 months. Disqualified for 4 years. Licensed cancelled until he passes the Driving Knowledge Test, he is required to provide personal photograph identification to be presented on any occasion he is given the Road Rules Knowledge Test and such identification is to be verified against pass license photographs by the RTA. Driving under the influence of a drug occasioning grievous bodily harm: Convicted. Sentence to a fixed term of 18 months. Disqualified for 4 years. Licensed cancelled until he passes the Driving Knowledge Test, he is required to provide personal photograph identification to be presented on any occasion he is given the Road Rules Knowledge Test and such identification is to be verified against pass license photographs by the RTA. Catchwords: Criminal law - sentencing - after trail - drive under influence of drug causing death; GBH - manner of driving - speed - impaired judgment - impaired eye-reflex coordination - wife's prescription drug - slimming tablets (phentermine) - undertaking on ending left lane - bitumen laneway ends - loss of vehicle control - head-on collision - death of on-coming driver - serious injury to own young child - defence of honest and reasonable mistake rejected by jury - defence of honest mistake rejected at sentence - substantial moral culpability - 36 year old married man - illiterate - impaired intellectual capacity - prior good character - some past adverse driving history. Cases Cited: The Queen v Gladue [1999] 1SCR 688 [80] R v Rushby [1977] 1 NSWLR 597 R v Hayes [1984] 1 NSWLR 740 R v Cuthbert [1967] 2 NSWR 329 Anderson [1981] VR 155 R v Whyte [2002] NSWCCA 343 Category: Sentence Parties: Regina M.M.E.B Representation: Crown: D Patch Defence: C Steirn SC R Lahoud File Number(s): 2008/12911