R v Lynch [2019] NSWDC 856

District Court New South Wales

Medium Neutral Citation: R v Lynch [2019] NSWDC 856 Hearing dates: 19 December 2019 Date of orders: 19 December 2019 Decision date: 19 December 2019 Jurisdiction: Criminal Before: Neilson DCJ Decision: Sentence – 3 years 9 months NPP 2 years 3 months Catchwords: CRIME – SENTENCE

Dangerous driving causing death - Driving under the influence of methylamphetamine and Xanax - 26 year old male - Criminal history including driving under the influence of drugs and alcohol and drug offences. Offender himself sustained significant injuries - True remorse - Good prospects of rehabilitation - 25% discount for early plea of guilty - Special circumstances. Legislation Cited: Crimes Act 1900 Cases Cited: R v Whyte [2002] NSWCCA 343;(2002) 55 NSWLR 252 Spark v R [2012] NSWCCA 140 Wright v R [2013] NSWCCA 82 Category: Sentence Parties: Justin Andrew Lynch – Offender Regina – Crown Representation: C. Young – Crown (ODPP) D. Provera – Offender File Number(s): 2019/00011720 Publication restriction: Nil.

Judgement 1. HIS HONOUR: Justin Andrew Lynch stands for sentence as a consequence of pleading guilty to a charge that on 5 January 2019 at Lucas Heights he did drive a vehicle, namely a silver Toyota Hilux Utility, when it was involved in an impact occasioning the death of Paul Brock, and the time of the impact the said Justin Lynch was driving the vehicle in a manner dangerous to other persons. That is an offence contrary to s 52A(1)(c) of the Crimes Act 1900 and carries a maximum penalty of ten years imprisonment. There is no standard non-parole period.