Gillmore v The Queen

[2016] NSWDC 401

District Court

New South Wales

Medium Neutral Citation:	Gillmore v R [2016] NSWDC 401
Hearing dates:	14 December 2016
Date of orders:	14 December 2016
Decision date:	14 December 2016
Jurisdiction:	Criminal
Before:	Neilson DCJ
Decision:	Set aside conviction recorded and sentence passed by Local Court at Hornsby on 16 September 2016 Bond s10 for 1 year
Catchwords:	CRIME – SENTENCE – Appeal against severity of sentence – Negligent driving causing grievous bodily harm – Initially pleaded not guilty, but changed to guilty plea following morning adjournment – Collision at speed of 10 kph – Injury to victim caused when her motorcycle fell onto her – Offender of previous good character – Offender had had 9 years driving experience with no driving offence – Fined $800 and disqualified from driving for 12 months – Appeal allowed – Appellant to enter into s10 good behaviour bond for 12 months
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999
Category:	Sentence
Parties:	Carl John Gillmore (Appellant) Director of Public Prosecutions (NSW) (Respondent)
Representation:	Counsel: Mr Averre (Appellant) Mr Gunter (Respondent)   Solicitors: Unrecorded (Appellant) Solicitors for the Director of Public Prosecutions (Respondent)
File Number(s):	2016/97409
Publication restriction:	No
Decision under appeal	Court or tribunal: Local Court at Hornsby Jurisdiction: Criminal Date of Decision: 16 September 2016 Before: Magistrate D Reiss File Number(s): 2016/97409

Judgment

1. HIS HONOUR: This is an appeal against the severity of a sentence passed by Magistrate Reiss sitting in the Local Court at Hornsby on 16 September 2016. The appellant was charged with negligent driving causing grievous bodily harm to Fiona Campbell. The driving occurred at about ten minutes after noon on 18 December 2015 on the Pacific Highway at Roseville. Initially the appellant had pleaded not guilty to the offence, but according to notes made by the learned magistrate, after evidence had been given the appellant withdrew his plea of not guilty after the morning tea adjournment and then pleaded guilty. His Honour sentenced the appellant to pay a fine of $800 and disqualified him from driving for 12 months.

2. The appellant had been driving a black Holden utility. He was driving southbound at Roseville near the Scuderia Veloce Motors premises at Roseville. He was travelling in the middle of three lanes. The “victim”, Fiona Campbell, was driving a motorcycle, also in a southerly direction on the Pacific Highway, but in the kerbside lane. There were some parked cars in the kerbside lane and, due to that, the victim merged into the second or middle lane in front of the appellant’s vehicle. The appellant decided to turn to merge into lane 3, the “fast lane” or the third of the three lanes, but determined that it was not safe to do so and swung part of his car which had left lane 2, back into lane 2. It would appear that the appellant was going slightly faster than Ms Campbell was riding her motorcycle and contact was made between the motorcycle and the passenger side door of the appellant’s utility, causing…