R v Thomas Kerr [2015] NSWDC 237

District Court New South Wales

Medium Neutral Citation: R v Thomas Kerr [2015] NSWDC 237 Hearing dates: 20 – 21 August 2015 Date of orders: 21 August 2015 Decision date: 21 August 2015 Jurisdiction: Criminal Before: Knox SC DCJ Decision: Sentenced to an aggregate term of imprisonment of 27 months with a non-parole period of 18 months Catchwords: CRIMINAL LAW – sentence – (x4) dangerous driving occasioning grievous bodily harm – (x3) causing bodily harm by misconduct – unsworn oral statement of regret by offender untested – driver's awareness as to the circumstances around him – inadequate lookout – need for adjustment of speed depending on circumstances on the road – conjecture of blackout rejected in absence of medical evidence – absence of explanation as to cause of collision an unknown fact – imprisonment for driving offences – assessment of gradations of moral culpability – more than momentary inattentiveness – no exceptional circumstances justifying suspension of sentence – partial accumulation where seven victims Legislation Cited: Crimes Act 1900 (NSW) ss 52A(3)(c) and 53 Cases Cited: R v Jurisic (1998) 45 NSWLR 209 R v Whyte (2002) 55 NSWLR 252; (2002) 134 A Crim R 53; [2002] NSWCCA 343 R v Khatter [2000] NSWCCA 32 R v Howland (1999) 104 A Crim R 273 Regina v Foster (2001) 33 MVR 565 The Queen v Kyle [2014] NSWCCA 30 R v Dutton [2005] NSWCCA 248 Gonzalez v The Queen [2006] NSWCCA 4 Pearce v The Queen (1998) 194 CLR 610 Category: Sentence Parties: Regina – Crown Thomas Kerr – Accused Representation: Counsel: Mr Sean Hughes (Crown) Mr Murugan Thangaraj SC (Defence)