Hungerford v R [2019] NSWDC 455

District Court New South Wales

Medium Neutral Citation: Hungerford v R [2019] NSWDC 455 Hearing dates: 14 August 2019 Date of orders: 23 August 2019 Decision date: 23 August 2019 Jurisdiction: Criminal Before: Syme DCJ Decision: Appeal Dismissed Catchwords: Dangerous driving occasioning GBH Objective gravity low to medium Need for general deterrence Considerations of ICO Legislation Cited: Crimes (Sentencing Procedure) Act Cases Cited: R v Whyte (2002) 55 NSWLR 252 Wong (2001) 207 CLR 584 R v Jurisic (1998) 45 NSWLR 209 Pullen (2018) NSW CCA 264 R v Fangaloka [2019] NSWCCA 173 Category: Principal judgment Parties: Amelia Hungerford (Appellant) Regina (Crown) Representation: Counsel: Dalton SC (Appellant) McMaster (Crown) File Number(s): 2018/276185 Publication restriction: Non Publication order relating to GoPro in-car footage (by consent)

JUDGMENT 1. This is an appeal upon the sentence imposed by her Honour Magistrate Kennedy on 25 June 2019 with respect to the appellant's plea of guilty to one count of dangerous driving occasioning grievous bodily harm contrary to s52A(3)(c) of the Crimes Act 1900. Her Honour sentenced the appellant to a term of fulltime imprisonment of 1 year with a non-parole period of 7 months. 2. The severity appeal is brought pursuant to s11 of the Crimes (Appeal and Review) Act 2001 and may be determined by setting aside the sentence, varying the sentence or by dismissing the appeal pursuant to s20(2) of the Act. It is a rehearing of the evidence and fresh evidence may be given pursuant to s17 of the Act. 3. The appellant in this matter Amelia Hungerford pleaded guilty in the Local Court to one count of Dangerous driving occasioning grievous bodily harm, relating to an event that occurred on 9 May 2018 at the Kuring-Gai National Park.