R v Mark REAY [2018] NSWDC 386

District Court New South Wales

Medium Neutral Citation: R v Mark REAY [2018] NSWDC 386 Hearing dates: 15, 20 June 2018 Date of orders: 20 June 2018 Decision date: 20 June 2018 Jurisdiction: Criminal Before: Neilson DCJ Decision: I sentence you to imprisonment. I set a non-parole period of one year and three months, commencing on 20 June 2018 and expiring on 19 September 2019. I impose a further period of imprisonment of one year to commence upon the expiration of the non-parole period and expiring on 19 September 2020. The total sentence is therefore two years and three months, comprising the non-parole period and the balance of the sentence. Catchwords: CRIME – SENTENCE – Aggravated dangerous driving causing grievous bodily harm – Blood alcohol level of 0.216 – Prior PCA convictions – Victim close personal friend, passenger in offender's case – Victim made good recovery with only intermittent low level sequelae – Offender 36 years old at time of offence – No prior imprisonment – After 25% discount for utilitarian value of plea of guilty, head sentence 2yrs 3months, NPP 1yr 3 months Legislation Cited: Drug Misuse and Trafficking Act 1985 Crimes Act 1900 Cases Cited: R v Kyle [2014] NSWCCA 300 R v Whyte [2002] NSWCCA 343; (2002) 55 NSWLR 452 Category: Sentence Parties: Regina (Crown) Mark Reay (Offender) Representation: Counsel: S Stuart (Crown) P Murphy (Offender)

Solicitors: ODPP (Crown) Peter Murphy Criminal Law (Offender) File Number(s): 2017/82305 Publication restriction: Nil