R v Meakin [2019] NSWSC 1555

Supreme Court New South Wales

Medium Neutral Citation: R v Meakin [2019] NSWSC 1555 Hearing dates: 25 October 2019 Date of orders: 08 November 2019 Decision date: 08 November 2019 Before: Hidden AJ Decision: Sentenced to imprisonment for 7 years, NPP 4 years, from 4 August 2016. Catchwords: CRIMINAL LAW – sentence – aggravated dangerous driving occasioning death – plea of guilty – driving with high range blood alcohol concentration – collision with pedestrian – failed to stop or render assistance – driving over considerable distance Legislation Cited: Crimes Act 1900 Cases Cited: R v Meakin [2019] NSWSC1311 Category: Sentence Parties: Regina (Crown) Michael Meakin (Offender) Representation: Counsel: J Bowers (Crown) N Steel (Offender)

Solicitors: Solicitor for Public Prosecutions NSW (Crown) Legal Aid NSW (Offender) File Number(s): 2014/55959

REASONS 1. The offender, Michael Meakin, was presented for trial before me, sitting without a jury, on an indictment containing two counts: 1. The murder of Nicholas McEvoy; 2. In the alternative, dangerous driving occasioning the death of Mr McEvoy in circumstances of aggravation: s 52A(2) of the Crimes Act 1900, the circumstance of aggravation being that he was driving with the prescribed concentration of alcohol in his blood: subs (7). The prescribed concentration of alcohol is defined as 0.15 grams or more of alcohol in 100 millilitres of blood: subs (8). 1. The offender pleaded not guilty to the first count but guilty to the second count. I acquitted him of the murder, and he now stands for sentence for the offence of dangerous driving occasioning death in circumstances of aggravation. That offence carries a maximum sentence of imprisonment for 14 years, but it does not carry a standard non-parole period.