R v Schilder (No 2) [2013] NSWDC 24

District Court New South Wales

Medium Neutral Citation: R v Schilder (No 2) [2013] NSWDC 24 Hearing dates: 24 January 2013 Decision date: 24 January 2013 Before: Neilson DCJ Decision: Dangerous driving occasioning death Sentenced to 3 years imprisonment with a non-parole period of 1 year and 8 months. Finding of special circumstances. Dangerous driving occasioning grievous bodily harm Sentenced to 2 years and 3 months imprisonment with a non-parole period of 1 year and 3 months. Finding of special circumstances. Sentences partially accumulated, with a total head sentence of 4 years and a total non-parole period of 2 years and 8 months. Catchwords: CRIMINAL LAW - sentence - dangerous driving occasinoing death - dangerous driving occasioning grievous bodily harm - Offender suffered complex partial epileptic seizure leading to collision - Offender previously involved in motor accidents caused by his epilepsy - Offender lied to psychologist and RTA to obtain renewal of licence - Offender was sleep deprived - Offender suffering from intellectual disability of mild severity - Prior good character - Extra-curial punishment - Delay - Early plea of guilty - Genuine remorse and contrition - Potential hardship in custody Legislation Cited: Crimes (Sentencing Procedure) Act 1999 s 21A(2) Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 Gillett v R [2006] NSWCCA 370 R v Whyte [2002] NSWCCA 343 Category: Sentence Parties: Regina (Crown) Daniel Gordon Schilder (Offender) Representation: Ms K Ratcliffe (Crown) Mr P Pearsall (Offender) Ms L Cocca (Crown) Ms S Foggo (Offender) File Number(s): 2011/055324