R v Fennell (No 2) [2019] NSWDC 652

District Court New South Wales

Medium Neutral Citation: R v Fennell (No 2) [2019] NSWDC 652 Hearing dates: 8 November 2019 Decision date: 11 November 2019 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Sentenced to a term of imprisonment of 3 years. Non parole period of 1 year. For other orders - see [51] to [55]. Catchwords: SENTENCING - dangerous driving causing death- after trial – defence that pedestrian stepped into car not accepted by jury - moral culpability not low but not high - key factors driving too fast for conditions in high pedestrian area and distraction - general principles in death by dangerous driving cases - application of sentencing principles.

SENTENCING - relevant factors on sentencing – death of pedestrian – impact on deceased' family - offender a young mother - impact on offender's family - remorse – good character- psychological harm - general deterrence - custody required - moderation of penalty – special circumstances - good prospects for rehabilitation – referral to Jacaranda House Mothers and Children's Program. Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 Road Transport Act 2013 Cases Cited: Bugmy v The Queen [1990] HCA 18; (1990) 169 CLR 525 Dipangkear v R [2010] NSWCCA 156 HJ v R [2014] NSWCCA 21 Hoskins v R [2016] NSWCCA 157 Legge v R [2007] NSWCCA 244 Power v. The Queen (1974) 131 CLR 623 R v Edwards (1996) 90 A Crim R 510 R v Errington (2005) 157 A Crim R 553 R v Fennell [2019] NSWDC 397 R v McKeown [2013] NSWDC 22 R v Musumeci NSWCCA, unreported, 30/10/97 R v Simpson [2001] NSWCCA 534; 53 NSWLR 704 R v SLR (2000) 116 A Crim R 150 R v Smith [2016] NSWCCA 75 R v Togias [2001] NSWCCA 522; (2001) 127 A Crim R 23 R v Whyte (2002) 55 NSWLR 252 Veen v The Queen No.2 (1988) 164 CLR 465 Texts Cited: Bringing them home: Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families https://www.humanrights.gov.au/our-work/bringing-them-home-report-1997 Category: Sentence Parties: Amelia Rae Fennell (the offender) Director of Public Prosecutions Representation: Counsel: Mr J Steward (for the offender) Ms N Keay, Crown Prosecutor, Director of Public Prosecutions