Director of Public Prosecutions v Perry

[2017] VCC 1383

IN THE COUNTY COURT OF VICTORIA Revised
(Not) Restricted
Suitable for Publication

AT WANGARATTA
CRIMINAL JURISDICTION

CR 15-01903
CR 16-00656

DIRECTOR OF PUBLIC PROSECUTIONS

v

KEVIN PERRY
IAN PERRY

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JUDGE:	HIS HONOUR JUDGE MULLALY
WHERE HELD:	Wangaratta
DATE OF HEARING:	13 September 2017
DATE OF SENTENCE:	22 September 2017
CASE MAY BE CITED AS:	DPP v Perry & Anor
MEDIUM NEUTRAL CITATION:	[2017] VCC 1383

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr A. Moore	Office of Public Prosecutions
For Accused Kevin Perry	Mr N. Hutton	Camerons Lawyers
For Accused Ian Perry	Mr C. Morgan	Camerons Lawyers

Pages 1 - 17

 

 

HIS HONOUR: 

1Once again, the court is required to deal with a tragedy caused by a completely avoidable error of judgment made by otherwise law-abiding men.  Ian and Kevin Perry, both of you are decent, hardworking, contributing members of our community, but on 24 June 2014, you both made poor decisions which have caused untold grief. 

2On that day, you were working as you both have done for many years, providing expert earth moving services to farmers and the like in the northeast region of Victoria.  To provide this service, you used a large tractor and a wide scraper.  This was standard equipment that each of you were familiar with as part of the earth moving business.

3You, Mr Ian Perry, established the business and have operated it all your working life.  You, Kevin Perry, have worked in the family business with your father all your working life. 

4In order to move the equipment from your base in Tatura to the various farms and work sites, you needed to comply with standard VicRoads requirements for moving oversized vehicles on public roads.  The simple requirement was for the oversized tractor and scraper combination to be preceded along the road by a pilot vehicle.  You, Kevin Perry, drove the tractor and scraper combination while you, Ian Perry, drove the properly fitted out pilot vehicle.  The two of you communicated by way of two-way radio.

5On 24 June 2014, you got to the work site at Mr van Berg's farm outside Katamatite safely enough and completed the job.  At 1.30, you both left and the pilot vehicle appropriately was at the front and the oversized tractor and scraper behind.  You travelled at understandably a slow pace towards Katamatite.  Your intention was to turn onto the Katamatite-Nathalia Road and head in the direction of your home at Tatura.  It was close to or past lunch time and you, Ian Perry, pulled your pilot vehicle off the road at the Katamatite Bakery.  You, Kevin Perry, kept driving the tractor and scraper combination, turning onto the Katamatite-Nathalia Road.

6It was clear to both of you that you, Kevin Perry, were now driving on the road without the necessary warning pilot vehicle in front of you.  It was clear to you, Ian Perry, that you were not performing your all-important safety role as the pilot.  The tractor headed towards the bridge over the Broken Creek.  Both of you men knew the road and the particular danger presented by the bridge over Broken Creek. 

7The bridge is about 2 to 3 km from the centre of Katamatite where the pie shop was located.  The bridge is almost at the apex of a sweeping bend.  In the immediate vicinity of the bridge, the native trees and vegetation on both sides of the road restrict the view of any driver as they approached the bridge.  Before the area, where there is native trees and vegetation, it is open farmland.  Thus, the bridge presented as a particular risk and danger. 

8As the tractor and scraper combination moved along the Katamatite-Nathalia Road, it could not fit within the designated lane.  It necessarily went into the oncoming lane, even when hugging as close as it could to the left-hand side.  This of course became a matter of great risk at the bridge.  Vehicles coming in the opposite direction had nowhere to go.  The only thing for any vehicle coming in the opposite direction was to stop and allow the tractor to pass. 

9The key to that scenario was the warning that would have been afforded oncoming vehicles by the pilot vehicle if it had been where it should have been.  Without that forewarning, a vehicle driving at the speed limit of 100 km/h on the sweeping bend, and with the trees limiting the extent of the view, would then come upon an oversized, overwide tractor and scraper combination.  Emergency braking before the bridge was the only alternative.  

10Before outlining how this very scenario tragically unfolded, it must be noted that there were many - at least four - safe stopping spots for you, Kevin Perry, in the tractor to pull up and wait for your father, Ian Perry, in the pilot vehicle to get back in front of you.  It is noted the two of you were able to communicate by two-way radio but nothing was heard.  The decision by Kevin Perry to drive on without the pilot towards and over the bridge was the decision that ultimately caused a catastrophe.  Plainly, Kevin Perry did not intend or foresee the fatal collision but it was to drive on, in those circumstances, without a pilot dangerous driving. 

11As you approached the bridge, as it turned out, three cars were heading in the opposite direction.  Mr Steven Ervin, a local vet, was familiar with the road and disengaged his cruise control so as to be ready and fully in control as he approached the bridge, driving at 100 km/h speed limit.  His car was a Toyota Prado. 

12Following him at a safe distance, also driving at the speed limit, was Rossleigh Younger driving his adult son and work colleague, Bradleigh Younger.  In the back of the car in child seats was the two-year-old, Charlotte Younger, Bradleigh Younger's daughter and Rossleigh Younger's granddaughter.  Also in the back was the four-year-old, Tahlia Bassett, Bradleigh Younger's niece and Rossleigh Younger's grandniece.  They were heading back from a farming seminar and had the children on board as they were going to visit other relatives.  Their car was a Toyota Corolla.

13Behind them was Mr Ian and Pauline Phillips visiting from New Zealand, heading to see children and grandchildren in the nearby district.  They were in a Toyota Corolla hire car picked up that day from Tullamarine.

14As stated, each car was driving at the speed limit and driving with the appropriate gaps between them.  As Mr Ervin approached the bridge, he realised that he could not get across the bridge and applied emergency braking, pulling up just before a barrier on the left-hand side. 

15Behind him, Rossleigh Younger was put in an unenviable emergency.  He braked hard and smoke was seen to rise from the rear of his car by Mr Phillips in the car behind.  But Mr Younger was unable to pull up completely and collided with the rear of Mr Ervin's Prado.  This caused Mr Younger's car to move into the opposite lanes. 

16You, Kevin Perry, were still moving at a slow pace in the tractor in the lane now containing the Corolla as it skewed to the side.  Your very large dual tractor wheels drove over the Corolla, crushing it.  The scraper dragged the car along the road before it came to a stop. 

17You, Kevin Perry, were thrown around in your tractor.  The impact of your wheels going over the Corolla caused the death of the driver, Rossleigh Younger, and the young two-year-old child, Charlotte. 

18The other child, Tahlia Bassett, was badly injured and ultimately air-lifted to the children's hospital for treatment.  She had a fracture to her lower left leg and large lacerations to her left cheek, right forehead and left thigh.  The latter so deep as to expose bone.  She has recovered but has residual scarring and further operations are planned.  These are no small matters for a child and how she copes as she grows into adulthood.

19Bradleigh Younger suffered neck injuries and remained hospitalised for two days.  He has recovered and has returned to farming. 

20After the collision, Mr Ervin moved his car across the bridge so as to warn oncoming traffic.  He was able to do this and be stationary when you, Ian Perry, came driving up to the scene in your pilot car.  Understandably, Mr Ervin expressed his anger as to why you were not in front of the tractor where you should have been. 

21You, Ian Perry, for the poor judgment and poor decision to pull over and not remain in front of the tractor has seen you plead guilty to a single rolled up count of reckless conduct endangering serious injury, namely the four occupants of the Younger car. 

22You, Kevin Perry, pleaded guilty to two charges of dangerous driving causing the death of Rossleigh Younger and Charlotte Younger; and also pleaded guilty to dangerous driving causing serious injury to Tahlia Bassett and reckless conduct endangering serious injury, naming Bradleigh Younger in the charge. 

23Before assessing the gravity of your crimes and importantly your moral culpability, I will first spend some time on the impact of your crimes on the victims' family.  From the way the victim impact statements have been framed, I discern not just heartbreaking grief but also thorough decency in acknowledging neither you, Kevin Perry, nor you, Ian Perry, intended to cause anyone's death or injury. 

24What I need to say is that the sentences I impose are not to be taken as the measure of the lives of Rossleigh Younger or Charlotte Younger.  Their lives were and are still felt to be priceless.  My sentence ultimately expressed in mathematical terms of a period of time or the amount of a fine cannot return things to the way they were before.  The pain of such a loss is enduring.  What I have to do is simply fix a just and appropriate sentence.

25What I have endeavoured to do is assess the error of judgment of both of you men, the impact of your crimes and what sort of men you are before and as a consequence of what you did and what the future holds.  The impact of your crimes has been expressed in heartfelt victim impact statements.  They were read in court and of importance, plainly, you men have fully absorbed what the Younger and Bassett families have gone through and will endure lifelong. 

26Mr Bradleigh Younger spoke of how much he missed his father as a mentor, partner and a sounding board and friend.  Every day at work is not the same.  He wrote of his father's central place in the family at social gatherings, both within the family and at church events.  As to losing a cherished young daughter, it remains hard for Mr Younger to express the loss and grief.  He thinks of his daughter all the time and finds life difficult to enjoy, different to what used to be his experience. 

27Charlotte's mother, Amy Younger, wrote of the joy in the family in the months before Charlotte died as her daughter came into her own with Charlotte doting on her younger brother.  Now, that is lost.  Life is not the same. 

28With great courage and dignity, she wrote, "Though our faith in God has enabled us to be happy and live without any anger or bitterness, there is not the same joy that there once was.  The hardest part is that my memory of her is fading.  We sometimes watch videos of her so we can remember the sound of her voice and the sort of things she used to do.  I block out my deeper feelings of the accident in order to avoid crying and feeling vulnerable in front of others.  Although, the accident has brought us closer to our church friends as they have been very supportive and caring." 

29Celeste Bassett, the mother of Tahlia and the daughter of Rossleigh Younger, wrote of how family occasions are not the same, without her father, as he was the one who made those occasions special.  She misses her father deeply.  The loss of Charlotte as such a young child has affected their whole family.  With Tahlia, the early days were frightening with her daughter so seriously injured.  Now, it is hoped all will be well with surgery to fix scars on her face.  All this concerns her and her hardworking husband.

30A key factor in sentencing for in sentencing for these types of offences is a level of moral culpability.  Here, each of you must have appreciated the real risk you posed by the driving of the tractor without the pilot. 

31You, Ian Perry, plainly should not have stopped without ensuring the tractor did so as well.  To allow it to go on without the all-important pilot vehicle towards the bridge was truly reckless conduct.  There can be and are examples of conduct endangering serious injury that are more stark with the risks arising more immediate.  The risk here eventuated as the tractor happened to meet oncoming cars right on or at the bridge.  If you had stayed in front of the tractor as you should have, the full catastrophe would have been avoided. 

32You, Kevin Perry, should have stopped and not driven on without a pilot.  It was too risky and dangerous and obviously so. 

33With the offence that arises out of deaths and serious injury on the roads, the courts are faced with the stark and tragic fact of lives taken or changed.  However, that fact cannot mask that the circumstances that bring about the tragic loss vary widely, from almost homicidal driving to an error of judgment, perhaps momentary or where the risks involved are not sufficiently appreciated.  The spectrum of moral culpability is wide. 

34Your counsel, Kevin Perry, in a comprehensive plea argued that your moral culpability was low.  The prosecution argued that it was in the low to medium range.  This here is an unusual case and as such fixing on the level of moral culpability as I must is diabolically difficult.  But in the end, I consider this as an example of dangerous driving causing death and dangerous driving causing serious injury where the moral culpability of you, Kevin Perry, is low.  Not at the lowest level but in the broad category of low.

35After some anxious consideration, I conclude Ian Perry that your moral culpability for reckless conduct endangering serious injury to be in the low category though only barely so. 

36As I will outline shortly, both you men appreciate now the catastrophe you caused and the wrongfulness of your decision.  Little more needs to be said of the gravity of the crimes.  Deaths and serious injury on our roads caused by dangerous driving and negligence are always serious crimes.  So too is reckless conduct endangering life when the responsibility to other road users is not properly managed. 

37There are many matters that legitimately mitigate in this case.  I will deal with your personal circumstances separately though many aspects are understandably connected. 

38A matter of mitigation that is important and of value is your pleas of guilty.  It is of significant value that both of you pleaded guilty.  Earlier offers were made by you, Kevin Perry.  You, Ian Perry, were discharged at committal and directly presented by the Director of Public Prosecutions.  Each of you pleaded guilty as the trial was imminent.  But in this case, despite when the plea was made, I still consider your pleas as of significant mitigatory value. 

39There has been considerable delay in this case as the investigators and the prosecution considered how to approach the matter.  You both were interviewed by police under caution within days of the collision.  And as such, have now had this matter weighing on your minds for over three years. 

40The availability of courts and circuits in the northeast region in recent years has been an issue that has contributed to the delay.  Both you men have continued with your law-abiding ways in the meantime.  Delay in this case is legitimately a matter of significant mitigatory value. 

41Each of you men are without blemish to this point.  The business has never had a safety breach.  Both of you have never been to court and in your case, Kevin Perry, I was told that you have had perhaps one speeding ticket in decades of driving many kilometres every week and more often than not, in large vehicles.

42Thus, each of you are entitled to call upon your good characters in asking for a merciful sentence.  Although as noted, often these offences are committed by otherwise good people, however, it still remains an important mitigatory consideration that at your age - 79, Ian Perry; and at your age, 41, Kevin Perry - you have never been in any trouble before whatsoever.

43Your pleas of guilty are evidence of remorse.  There is a raft of other evidence other than your pleas that establish that your remorse is deeply felt and absolutely genuine.  It is remorse directed at the pain of the Younger and Bassett families, not at the situation that you each find yourselves in.  It is remorse of the quality that the courts and the community highly value and it leads to the community and the courts being willing to extend a significant degree of mercy and compassion. 

44Each of you wrote a heartfelt letter of apology, expressing your remorse and your straightforward acceptance of responsibility.  I have been given letters from accused on pleas and the value of them varies considerably.  What I can say is that the letters each of you wrote are far and away the most impressive and genuine expressions of authentic sorrow and contrition that I have read.  I will quote just some of what you men wrote, starting with you, Kevin Perry. 

45You say that you would like to express how sorry you are to all the families involved in the horrific accidents for the pain and suffering they are enduring.  To Amy and Bradleigh and the Younger family, you pass on - you wrote, "I pass on my deepest sympathy and regret that you have lost both a father and daughter.  No one should have to endure this.  Charlotte was so young and her life had so much potential.  Nothing I can say or do will ever fix things for you family but I think about her every day."

46You go on, "My mind will never forget the memories of Bradleigh attempting to rescue his family from the crushed vehicle.  It's important for me that Amy knows just how brave and just how hard Bradleigh fought for his family on that day.  He is a better man than I will ever be.  As someone who has worked in a family business with my father for the last 25 years, I have some appreciation for just how difficult it must have been for Bradleigh to return to the family farm without his father, friend and mentor." 

47You wrote to the Bassett family that you would unreservedly apologise for the trauma your actions caused.  You acknowledged they lost their father and their cousin and have had to endure the trauma of their daughter receiving serious injuries.  You conclude, "There's not a day that goes by which I do not stop and think about the accident and how my actions on that day have affected the lives of so many good people." 

48You also mention that the witnesses should not have endured what they did on that day and you speak of the hospital emergency responders and the local police and other police in grateful terms.  You conclude by expressing your apology, if needed, to your own family, wife and children and thank them for their unconditional love and support.

49You, Ian Perry, wrote in similar terms.  You wrote to Bradleigh and Amy Younger, "I pass on my deepest sympathy.  I truly feel for you every day.  No parent should have ever to go through this pain.  I am so sorry that the joy of seeing Charlotte attending school and growing into a beautiful woman was taken away much too soon.  I pray that your love for one another will give you strength."

50You go on, "Bradleigh, not only did you lose your beautiful daughter but your dad that you worked side by side on the farm, gaining from his farming knowledge and sharing family times.  I can't even begin to imagine how you cope."

51You wrote to the Bassett family that you were relieved to hear that Tahlia was making progress and you wished her well.  You said, "We never go through Katamatite without thinking of this very beautiful brave little girl."  You conclude with acknowledgement of those that helped, in particular Mrs Phillips from the car behind.  And then you write, "If only I had the power to change how things turned out that day, I would.  I can never forgive myself for my actions."

52These are compelling words that bespeak of men of real character, shattered by what has happened by reason of their errors on 24 June 2014. 

53I will refer shortly to the evidence of your friends and relatives expressed in the many letters tendered on the plea. 

54I move briefly to deal with each of your personal circumstances.  You, Ian Perry, are now 79.  You are a self-made man working tirelessly over many years and many hours of each day in establishing a successful earth moving business.  At one time, you employed 14 men.  But of late, it has been you and your son, Kevin, who have worked as the business. 

55One of the consequences of this matter is you will fold the business, selling it if you can.  It is not how you envisaged your working life would end. 

56You have been happily married for over 50 years.  Your wife remains as a key support for you, your son and his family.  Her letter was insightful and helpful.  You had one son, Kevin, and he worked with you, as I have said, all his working life.  Your friendship with him is important to you.  It is to the credit of you and your wife that your son is a man of quality, now facing hard hurdles.  You and your wife will remain important supports.  Your own health is declining.  Your wife worries that there are signs of memory loss.  You have cardiac and musculoskeletal problems. 

57You have impressed many in the community who took the time to write testimonials emphasising your honesty and integrity.  You impress as a man who sees the importance of family values, of honest, hard work and of contributing to your community.

58On any view, you are a man who has led a valuable life who did not think it would end or it reach a point that involved court appearances or the like.

59As to your personal circumstances, Kevin Perry, you are now 41.  You had the benefit of a solid family upbringing with a father and mother who gave and continued to give love and nurture.  You moved into the family business and worked closely every day with your father.  You are a hard worker and a great contributor to your family and community. 

60Many letters were gathered and tendered in support of you.  I could not summarise them all but what I can say is that I have not read such an impressive array of testimonials in my experience as a judge.  What is plain is you are, as the letters set out, a man of great integrity, energy, generosity and dedication.  In your community, you are a pillar, making contributions to Apex and other organisations year upon year.  You are, in these days of what might be called the insular and "I'm too busy attitude" of people, a man who is voluntarily a contributor, adding much more to your community than you take.  

61You are a good family man and husband.  The utter despair of your three children at the prospect of you being away and in gaol is telling.  Your own long and hard work allows for your wife to have time to time to volunteer and make better the lives of many of the disadvantaged in your small town.  The letters explaining her efforts to help others were extraordinary.  You are a family that supports your own children and additionally provides a safe haven and time for other children to get a sense of what a stable family life is.  Your wife will be less able to help others if you are incarcerated and that is matter of importance. 

62The evidence of the school principal, Mr Parker, was also very impressive.  He said he felt like he was speaking for the community and I have no doubt that he was.  He does not give support in such circumstances lightly and to give the evidence he did, describing your character as he did is a matter of real mitigatory value.  

63By reason, the mandatory loss of licence and the fact that your father will have to sell the business on or close it means that you have lost your career.  You will have to get new work and start again.  No easy task at your age in rural Victoria. 

64You have sacrificed in not buying a house of more appropriate size for your family and your children's education has been set differently than your first choices because of the expense of private school being too risky if you have to fall back on your wife's income alone.  You have motivation, skills as a driver and in the earth moving industry as well as, I was told, you are self-taught in computer skills but the future will be hard. 

65You have quietly endured the trauma of the events of 24 June.  You have had some counselling.  It is a scene and a memory that has left its mark on you.  Professional help may be the best way forward.  The deep support of your wife is obvious and very important. 

66Turning now to counsel's submissions as to sentence.  Ian Perry, your counsel's submissions was that punishment other than imprisonment was just and appropriate.  Given your age and circumstances, a fine with conviction was the only practical non-custodial disposition available.  Prosecution did not argue against such an outcome. 

67In the end, taking into account the gravity of your error, the consequences while not being overwhelmed by that, your character and the other significant matters in the catalogue of mitigatory factors, I am of the view that a fine with conviction is the just and appropriate sentence.  In a balanced way, a substantial monetary penalty does meet the need for denunciation, deterrence to others while acknowledging that you will and have returned to your previous law-abiding ways. 

68Your plea of guilty and your heartfelt remorse are critical factors in me concluding that the just sentence is one less than gaol and will involve a fine.  I will formally announce the amount of the fine shortly. 

69Kevin Perry, your counsel urged that consideration be given for a work hours-only community corrections order alone or in the alternative, in combination with some imprisonment.  He contended that if there was to be imprisonment, he urged that it be as short as possible.

70The prosecution, acknowledging all the mitigatory matters, submitted that given the gravity of the offending, the catastrophic fatal consequences for Mr Younger and the two-year-old, Charlotte, and the injuries to the four-year-old, Tahlia, and given your level of moral culpability, there had to be a term of imprisonment and greater than would allow for a combined community corrections order. 

71I have given this matter anxious consideration.  It is always a grave step to imprison anyone but perhaps the more so when it is someone like you.  You will bear the great weight of the responsibility for what happened on this day lifelong.  However, in the end, in order to properly meet the sentencing purposes of denunciation and deterrence to other road users, I have come to the grave conclusion that you must be imprisoned. 

72I have done as I said I would do, that is, I have given significant mitigatory weight to the many matters raised.  While all mitigatory matters - indeed, all matters for and against you - impact on all aspects of my sentence, I think this is a case where the matters in mitigation play a powerful role in the fixing of a non-parole period.  I have come to the sentence on the basis that you may have to do each day of your head sentence but I have allowed for a very significant period of potential parole.  I am sure that you will resume lawful ways.  With your loving family and support from your community, you will resettle well.  But in the end, the fixing of a non-parole period is what I consider justice requires as the minimum amount of incarceration. 

73There are no set formulae in fixing minimum terms and a head sentence.  My own experience is usually to keep the period of potential parole to as brief as possible.  But there are cases that call for a different response and this is one of them.  There must be an appropriate measure of cumulation to recognise the sanctity of the life of each of the deceased and also the serious injury caused to Tahlia Bassett.  In respect of that charge, the injuries are not of a permanent or life-changing kind that we often see.  The scars are concerning but it is to be hoped all is well psychologically as it appears to be physically.

74I have reviewed many other sentences for dangerous driving causing death and dangerous driving causing serious injury.  I have considered carefully the Court of Appeal decisions in Stevens and Harrison, but of course each case is unique and this one is different in many respects from most if not all other reported cases. 

75Your moral culpability is such that I do not need to apply any uplift as prescribed by the Court of Appeal for mid-range offending.  In accordance with the High Court and Court of Appeal decisions regarding the usefulness or otherwise of other cases, I take the broad range of cases as a yardstick but as I have made clear, this case is obviously quite unique. 

76Can you gentlemen please stand?  Thank you.

77Mr Ian Perry, on the charge that you have pleaded guilty to, you are convicted and fined $12,000 and I will allow for a four-month period to pay that.  Had you pleaded not guilty to the offence and been found guilty of it, I would have imposed a sentenced of two years with a minimum non-parole period of
12 months.

78Kevin Perry, for the charge of dangerous driving causing the death of Rossleigh Younger, you are sentenced to two years' imprisonment. 

79For the crime of dangerous driving causing death to Charlotte Younger, you are to be imprisoned for two years. 

80For the charge of dangerous driving causing serious injury, the term of imprisonment is nine months; and for reckless conduct endangering life, the period of imprisonment is four months.

81I order that Charge 2 relating to Charlotte Younger is the base sentence.  I order that ten months of the sentence on Charge 1 relating to Rossleigh Younger be cumulative together with four months on the dangerous driving causing serious injury so the total sentence is three years and two months.  And I order that you serve nine months before being eligible for parole.  Had you pleaded not guilty to these offences, I would have imposed a sentence of five years with a minimum non-parole period of two years and six months.  As it is mandatory, your licence is cancelled and you are disqualified from driving for 18 months from today. 

82I think there was an application pursuant to s.464 in relation to each of you and I decline to make that order.  It is not in the interest of justice that a forensic sample is taken from either of these men.  Is there any other orders required?

83MR HUTTON:  Excuse me one second.

84MR MOORE:  Excuse us.

85HIS HONOUR:  Certainly.  If you need it restated, there was two years plus ten months plus four months, three years two months and a non-parole period of nine months. 

86MR HUTTON:  It is a matter of probably no import, Your Honour.

87HIS HONOUR:  Yes.

88MR HUTTON:  I understood Your Honour to announce Charge 3 as dangerous driving causing serious injury but it is on the indictment as dangerous driving causing serious injury.

89HIS HONOUR:  I apologise.

90MR HUTTON:  No, I just ‑ ‑ ‑ 

91HIS HONOUR:  Dangerous driving causing serious injury is the way I have understood it.  I have probably have called it negligently causing serious injury throughout.  To that end, I regret that.  I apologise.  I have always considered it as the charge and no difference arises ‑ ‑ ‑ 

92MR HUTTON:  No, not - I imagine not.

93HIS HONOUR:  ‑ ‑ ‑ in the course of anything that I said or the term that I pronounced.  All right.  Is there anything else?

94MR MOORE:  That completes the matter, Your Honour.

95HIS HONOUR:  Thank you.  I am very grateful to the parties - the barristers, Mr Kurtz, throughout this whole time; the prosecution in respect of this matter; and to the families who have endured a great deal.  Ordinarily, Mr Kevin Perry, the courts are just not places where, as it were, farewells can be arranged. 

96Mr Kurtz and your lawyers will explain to you that the police will look after you.  They will fairly quickly assess you in the prison system for how you are feeling and they will be able to get from you telephone numbers and contacts and be in touch as best they can.  These things are hard but the order I have made is the order I have made and I think it best in the circumstances that you go with the authorities and do so now.  It will take some time but that is what has to happen.  Thank you.  Mr Kevin Perry can leave the dock.  Just adjourn.

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