R v Meadows [2019] NSWDC 712

District Court New South Wales

Medium Neutral Citation: R v Meadows [2019] NSWDC 712 Hearing dates: 21 November, 2019 Date of orders: 28 November 2019 Decision date: 28 November 2019 Jurisdiction: Criminal Before: Priestley SC DCJ Decision: 4 ½ years imprisonment NPP 2 years 3 months, disqualification 2 years Catchwords: CRIMINAL LAW – Sentence – Form 1 - Reckless grievous bodily harm – Use unregistered motor vehicle - Unauthorised entry – History of abusive relationships – lengthy criminal history –Failing to stop Legislation Cited: Crimes Act Crimes (Sentencing Procedure) Act Road Transport Act Motor Accident Compensation Act Cases Cited: R v. Millwood [2012] NSWCCA 2 R v Fernando (1992) 76 A Crim R 58 Attorney General's Application under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR Category: Sentence Parties: The Crown Emily Eve Meadows Representation: Director of Public Prosecutions – The Crown Ms. S. Anderson – The Offender File Number(s): 2018/291164

Judgment

Introduction 1. Emily Eve Meadows ("the offender") appears for sentence on one charge of recklessly causing grievous bodily harm in breach of section 35(2) Crimes Act 1900. The maximum penalty is 10 years imprisonment. There is a standard non-parole period of four years. In addition to that offence there are two matters to be dealt with by way of the form one procedure. The first of these is a breach of section 52AB (2) Crimes Act of failing to stop to give assistance after driving a vehicle involved in an impact occasioning grievous bodily harm knowing or reasonably ought to have known that the vehicle was so involved. The maximum penalty for this offence is seven years. The second form one offence is a breach of section 154F of the Crimes Act of stealing a motor vehicle which carries a maximum penalty of 10 years imprisonment. 2. The agreed facts will be set out below. At the outset however it should be noted that the three offences are closely linked. Firstly the offender stole the motor vehicle which belonged to the victim, the offender then ran over the victim causing grievous bodily harm, and the offender then having caused the victim to be in a state of severe injury, left the scene without providing any assistance. 3. In regards to the form one procedure it is important that the focus remains on the principle offence for which the offender is being sentenced. The procedure allows that in doing this greater weight may be given to the elements of personal deterrence and the community's entitlement to extract retribution for serious offences. Those two elements are entitled to greater weight than they may otherwise be given when sentencing for the primary offence; see attorney General's Application under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 per Spigelman CJ. 4. There are also two related offences of using an unregistered motor vehicle in breach of section 68 (1) Road Transport Act and of using an uninsured motor vehicle in breach of section 8(1)(a) of the Motor Accident Compensation Act. In each case the maximum penalty is a fine of 50 penalty units. 5. The offending occurred on 23 September 2018 and the offender was arrested on that day and has been in custody ever since. That is a period of approximately 14 months. That period of custody is solely referable to this offending. The start date of any term of imprisonment will be 23 September 2018. 6. The offender was born in 1979 so that she was 39 years old at the date of offending and is presently 40 years old. More detail as to the background of the offender will be set out when dealing with the subjective case. 7. The agreed facts are shortly stated and it is simpler to recite them rather than to seek to summarise them.