R v Hoskins [2019] NSWDC 278

District Court New South Wales

Medium Neutral Citation: R v Hoskins [2019] NSWDC 278 Hearing dates: 31 May 2019 Date of orders: 14 June 2019 Decision date: 14 June 2019 Jurisdiction: Civil Before: Weber SC DCJ Decision: 1 The offender is sentenced to a term of imprisonment of 3 years, with a non-parole period of 1 year and 6 months, with such term of imprisonment to commence on 7 September 2018.

2 The offender is disqualified from holding a drivers licence for: (a) 12 months, in respect to the offence under section 52AB(1) of the Crimes Act 1900 (NSW); and (b) 6 months, in respect to the offence under section 54(3)(a) of the Road Transport Act 2013 (NSW), With such driving disqualification periods to operate concurrently. Catchwords: CRIME – Driving offences – Failure to stop and assist after vehicle impact causing death – where offender's licence was suspended at time of offence – where offender drove through red light shortly after impact– where offender knew that victim had died – where no suggestion that offender's driving played any part in causing the fatality

SENTENCING – where offence in the mid-range of objective seriousness – aggravating and mitigating factors – where offender unlikely to reoffend – where offender has good prospects of rehabilitation – where offender entered early guilty pleas – where imprisonment necessary – where lengthy periods of disqualification and pecuniary penalty not warranted –multiple offences – accumulation, concurrency and totality Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Road Rules 2014 (NSW) Road Transport (Driver Licensing) Regulation 2017 (NSW) Road Transport Act 2013 (NSW) Cases Cited: Adam v R [2014] NSWCCA 265 R v Pullen [2018] NSWCCA 264 Category: Sentence Parties: Regina (Crown) Scott Hoskins (Offender) Representation: Counsel: Mr K. Prince (Crown)