Gillmore v R [2016] NSWDC 401

District Court New South Wales

Medium Neutral Citation: Gillmore v R [2016] NSWDC 401 Hearing dates: 14 December 2016 Date of orders: 14 December 2016 Decision date: 14 December 2016 Jurisdiction: Criminal Before: Neilson DCJ Decision: Set aside conviction recorded and sentence passed by Local Court at Hornsby on 16 September 2016

Bond s10 for 1 year Catchwords: CRIME – SENTENCE – Appeal against severity of sentence – Negligent driving causing grievous bodily harm – Initially pleaded not guilty, but changed to guilty plea following morning adjournment – Collision at speed of 10 kph – Injury to victim caused when her motorcycle fell onto her – Offender of previous good character – Offender had had 9 years driving experience with no driving offence – Fined $800 and disqualified from driving for 12 months – Appeal allowed – Appellant to enter into s10 good behaviour bond for 12 months Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Category: Sentence Parties: Carl John Gillmore (Appellant) Director of Public Prosecutions (NSW) (Respondent) Representation: Counsel: Mr Averre (Appellant) Mr Gunter (Respondent)

Solicitors: Unrecorded (Appellant) Solicitors for the Director of Public Prosecutions (Respondent) File Number(s): 2016/97409 Publication restriction: No Decision under appeal Court or tribunal: Local Court at Hornsby Jurisdiction: Criminal Date of Decision: 16 September 2016 Before: Magistrate D Reiss File Number(s): 2016/97409