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Police v Taylah Blake

Police v Taylah Blake

Case [2023] NSWLC 12 9 May 2023

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Local Court

New South Wales

Medium Neutral Citation: Police v Taylah Blake [2023] NSWLC 12
Hearing dates: 20 April 2023
Date of orders: 9 May 2023
Decision date: 09 May 2023
Jurisdiction: Coronial
Before: Magistrate P Stewart
Decision:
Convicted – fined $1,000 with Community Correction Order 2 years. Disqualified 12 months

Catchwords:
Negligent driving occasioning grievous bodily harm – failure to keep proper lookout – objective seriousness – need for general deterrence – denunciation – protection of the community – strong subjective case – inappropriate and improper to fail to record conviction to avoid consequential disqualification

Legislation Cited:
Crimes (Sentencing Procedure) Act 1999 (NSW)
Road Transport Act2013 (NSW)

Cases Cited:
Application by the Attorney General under Section 37 of the Crimes (Sentencing Procedure) Act for a Guideline Judgment Concerning the Offence of High Range Prescribed Concentration of Alcohol Under Section 9(4) of the Road Transport (Safety and Traffic Management) Act 1999 (No. 3 of 2002) [2004] NSWCCA 303
Babineau v The Queen [2016] NSWDC 354
Gillmore v R [2016] NSWDC 401
Greaves v R [2020] NSWCCA 140
Griffith v Hutchinson & Anor (unreported NSWSC 1 February 1991)
Haoui v R [2008] NSWCCA 209
Khanwaiz v R [2012] NSWCCA 168
Markarian v The Queen (2005) 79 ALJR 1048
McGonigle v R [2020] NSWCCA 84
Park v The Queen [2021] HCA 37
R v Denis Ernest Fing NSWCCA (unreported 4 October 1994)
R v Dodd (1991) 57 A Crim R 349
R v Fangaloka [2019] NSWCCA 173
R v Hopley [2008] NSWCCA 105
R v Kennedy [2000] NSWCCA 527
R v Mauger [2012] NSWCCA 51
R v Paris [2001] NSWCCA 83
R v Thomson; R v Houlton [2000] 49 NSWLR 383
Skocic v R [2014] NSWCCA 225
ST v R [2022] NSWCCA 169
Valentine v Eid (1992) 27 NSWLR 615

Category: Sentence
Parties: NSW Police Force (prosecution) and
Taylah Blake (defendant)
Representation:
Sergeant Nolan, Police Prosecutor
W Pasterfield, Solicitor

File Number(s): 2023/00025841
Publication restriction: Nil

REMARKS ON SENTENCE

The Charges and the Pleas

The offender Taylah Blake pleaded guilty to Negligent Driving Occasioning Grievous Bodily Harm contrary to section 117(1)(b) of the Road Transport Act 2013 (NSW).
The guilty plea was entered on 4 April 2023 at an early opportunity. I allow a discount of 25% for the utilitarian value of the plea to be applied against the appropriate penalty: see R v Thomson; R v Houlton [2000] 49 NSWLR 383 and s 22 Crimes (Sentencing Procedure) Act 1999 (NSW).

Maximum Penalties

The maximum penalty for the offence is nine months imprisonment and/ or a fine of up to 20 penalty units. Upon conviction, there is an automatic disqualification of three years which may be reduced to not less than 12 months if it is considered by the court appropriate to do so.
I am required to assess the appropriate sentence having regard to the prescribed maximum penalty for the offence: see Park v Queen [2021] HCA 37 at [19]; Greaves v R [2020] NSWCCA 140 at [66] and Markarian v…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Police v Taylah Blake

Details

AGLC: Police v Taylah Blake [2023] NSWLC 12
Case: [2023] NSWLC 12
Decision Date: 09 May 2023

CaseChat Overview and Summary

In the matter of the Police versus Taylah Blake, the defendant was charged with negligent driving occasioning grievous bodily harm. The incident in question arose from the defendant’s failure to keep a proper lookout while driving, leading to a collision with another vehicle and resulting in significant injuries to the driver of that vehicle. The case was heard in the Magistrates' Court of Victoria.

The central legal issues that the court needed to address included the assessment of the defendant’s culpability for the incident, the appropriate level of punishment that would serve the purposes of general and specific deterrence, denunciation, and protection of the community, and whether it was appropriate to impose a conviction given the potential consequences for the defendant. The court had to determine whether the circumstances warranted a conviction and whether the potential disqualification from driving would unduly punish the defendant beyond the scope of justice.

The court found that the defendant had indeed failed to maintain a proper lookout, which constituted a significant lapse in her duty of care. Given the objective seriousness of the injuries sustained by the other driver, the court deemed it necessary to impose a punishment that would serve the purposes of general deterrence and denunciation. The strong evidence against the defendant created a robust case for conviction. The court held that it was inappropriate and improper to refrain from recording a conviction merely to avoid the consequential disqualification from driving, as the public interest in deterring such conduct outweighed the potential hardship to the individual defendant.

The court convicted the defendant and imposed a fine of $1,000 along with a Community Correction Order for two years. Additionally, the defendant was disqualified from driving for a period of 12 months.

Orders

Orders of the court

Convicted – fined $1,000 with Community Correction Order 2 years. Disqualified 12 months

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Citations

AGLC Citation

Police v Taylah Blake [2023] NSWLC 12

Cases citing this decision · 0 of 0 shown

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Cases cited in this decision · 23 of 23 shown

St v R
[2022] NSWCCA 169 Para 36

…A detailed discussion on the meaning of grievous bodily harm is found in the recent decision of ST v R [2022] NSWCCA 169 at [42] – [70]. It remains the case that for the injury to be ‘grievous’ it must be a “really serious one” : Haoui v R [2008] NSWCCA 209 at [169] per Johnson J.…
Park v The Queen
[2021] HCA 37 Para 4

…I am required to assess the appropriate sentence having regard to the prescribed maximum penalty for the offence: see Park v Queen [2021] HCA 37 at [19]; Greaves v R [2020] NSWCCA 140 at [66] and Markarian v The Queen (2005) 79 ALJR 1048 at [31].…
Greaves v R
[2020] NSWCCA 140 Para 4

…assess the appropriate sentence having regard to the prescribed maximum penalty for the offence: see Park v Queen [2021] HCA 37 at [19]; Greaves v R [2020] NSWCCA 140 at [66] and Markarian v The Queen (2005) 79 ALJR 1048 at [31].…
McGonigle v R
[2020] NSWCCA 84 Para 56

…In relation to sentencing statistics, the following was said in McGonigle v R [2020] NSWCCA 84 at [123]:…
R v Fangaloka
[2019] NSWCCA 173 Para 80

…In R v Fangaloka [2019] NSWCCA 173 at [64], Basten JA affirmed a long-held principle when his Honour said:…
Gillmore v The Queen
[2016] NSWDC 401 Para 5

…The decision of the District Court, Gillmore v R [2016] NSWDC 401…
Babineau v The Queen
[2016] NSWDC 354 Para 91

…d argument to have a negligent driving occasioning grievous bodily harm matter dealt with on appeal by way of non- conviction is Babineau v The Queen [2016] NSWDC 354. Henson DCJ meticulously analysed the purposes of sentencing and gave cogent reasons as to why it was not appropriate, firstly, to deal with that mat…
Skocic v R
[2014] NSWCCA 225 Para 57

…In Skocic v R [2014] NSWCCA 225, Bellew J (Macfarlan JA and Fullerton J agreeing) summarised the common law regarding the use of sentencing statistics, at [19]. Some of the salient points in that paragraph include:…
RLS v R
[2012] NSWCCA 236 Para 132

…similarly careful approach is required when the Court is asked to compare a sentence imposed in one case with a sentence imposed in another: RLS v R [2012] NSWCCA 236 at [132] per Bellew J, McClellan CJ at CL and Johnson J agreeing. The need to take care in each instance arises, in part, from the fundamental fact t…
Khanwaiz v R
[2012] NSWCCA 168

…reaves v R [2020] NSWCCA 140 Griffith v Hutchinson & Anor (unreported NSWSC 1 February 1991) Haoui v R [2008] NSWCCA 209 Khanwaiz v R [2012] NSWCCA 168 Markarian v The Queen (2005) 79 ALJR 1048 McGonigle v R [2020] NSWCCA 84 Park v The Queen [2021] HCA 37 R v Denis Ernest Fing NSWCCA (unreported 4 October 1994) R v…
R v DAJ
[2012] NSWCCA 143 Para 46

…ce of probabilities, it is open to the Court to deal with the matter on the basis of the defendant’s version and the agreed facts: see Khanwaiz v R [2012] NSWCCA 143 at [96].…
R v Mauger
[2012] NSWCCA 51 Para 81

…In R v Mauger [2012] NSWCCA 51 at [19], Harrison J. said:…
Hili v The Queen
[2010] HCA 45 Para 48

…This is because reference to the lengths of sentences passed says nothing about why the sentences were fixed as they were: Hili v Jones; Jones v R [2010] HCA 45 at [48].…
R v Nikolovska
[2010] NSWCCA 153 Para 117

…This Court has emphasised the need to adopt a careful approach when asked to have regard to statistics: R v Nikolovska [2010] NSWCCA 153 at [117] per Kirby J, Beazley JA (as her Honour then was) and Johnson J. agreeing. A similarly careful approach is required when the Court is asked to compare a sentence imposed in…
R v Carroll
[2010] NSWCCA 55 Para 62

…sing adequate punishment, having regard to the objective gravity of the offence” [citing R v Carroll; Carroll v The Queen (2010) 77 NSWLR 45; [2010] NSWCCA 55 at [62] (Allsop P and Johnson J; Spigelman CJ, Kirby and Howie JJ agreeing)].…
Haoui v R
[2008] NSWCCA 209 Para 36

…R [2022] NSWCCA 169 at [42] – [70]. It remains the case that for the injury to be ‘grievous’ it must be a “really serious one” : Haoui v R [2008] NSWCCA 209 at [169] per Johnson J.…
Hopley v R
[2008] NSWCCA 105 Para 77

…I will deal with the issue of hardship to third parties firstly. Although referring to imprisonment, the remarks in R v Hopley [2008] NSWCCA 105 on hardship to third parties are apposite. At [39], Johnson J. (Beazley JA, McCallum J. agreeing) said:…
Markarian v The Queen
[2005] HCA 25 Para 4

…e prescribed maximum penalty for the offence: see Park v Queen [2021] HCA 37 at [19]; Greaves v R [2020] NSWCCA 140 at [66] and Markarian v The Queen (2005) 79 ALJR 1048 at [31].…
Re Attorney-General's Application (No 3 of 2002) (NSW)
[2004] NSWCCA 303 Para 97

…e of High Range Prescribed Concentration of Alcohol Under Section 9(4) of the Road Transport (Safety and Traffic Management) Act 1999 (No. 3 of 2002) [2004] NSWCCA 303, commonly known as the guideline judgment for high range drink driving, the Court said:…
R v Paris
[2001] NSWCCA 83 Para 73

…The offence is not trivial and carries a potential penalty of imprisonment. However, factors (a) to (d) are disjunctive: see R v Paris [2001] NSWCCA 83 at [42] per Simpson J. (as she then was).…
R v Kennedy
[2000] NSWCCA 527 Para 52

…neral deterrence is important, the offence is serious, and the offence is one often committed by persons of otherwise good character: see R v Kennedy [2000] NSWCCA 527 at [21].…
R v Thomson; R v Houlton
[2000] NSWCCA 383 Para 2

…y. I allow a discount of 25% for the utilitarian value of the plea to be applied against the appropriate penalty: see R v Thomson; R v Houlton [2000] 49 NSWLR 383 and s 22 Crimes (Sentencing Procedure) Act 1999 (NSW).…
La Macchia v Minister for Primary Industries and Energy
[1992] FCA 673 Para 87

…In Valentine v Eid (1992) 27 NSWLR 615 at 622D, Grove J said:…

Legislation cited in this decision · 4

Crimes (Sentencing Procedure) Act 1999 (NSW)
1 mention (from Para 2)
Crimes Act 1900 (ACT)
1 mention (from Para 35)
Road Transport (Safety and Traffic Management) Act 1999 (ACT)
1 mention (from Para 97)
Road Transport Act 2013 (NSW)
1 mention (from Para 1)

Medium Neutral Citation:	Police v Taylah Blake [2023] NSWLC 12
Hearing dates:	20 April 2023
Date of orders:	9 May 2023
Decision date:	09 May 2023
Jurisdiction:	Coronial
Before:	Magistrate P Stewart
Decision:	Convicted – fined $1,000 with Community Correction Order 2 years. Disqualified 12 months
Catchwords:	Negligent driving occasioning grievous bodily harm – failure to keep proper lookout – objective seriousness – need for general deterrence – denunciation – protection of the community – strong subjective case – inappropriate and improper to fail to record conviction to avoid consequential disqualification
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 (NSW) Road Transport Act2013 (NSW)
Cases Cited:	Application by the Attorney General under Section 37 of the Crimes (Sentencing Procedure) Act for a Guideline Judgment Concerning the Offence of High Range Prescribed Concentration of Alcohol Under Section 9(4) of the Road Transport (Safety and Traffic Management) Act 1999 (No. 3 of 2002) [2004] NSWCCA 303 Babineau v The Queen [2016] NSWDC 354 Gillmore v R [2016] NSWDC 401 Greaves v R [2020] NSWCCA 140 Griffith v Hutchinson & Anor (unreported NSWSC 1 February 1991) Haoui v R [2008] NSWCCA 209 Khanwaiz v R [2012] NSWCCA 168 Markarian v The Queen (2005) 79 ALJR 1048 McGonigle v R [2020] NSWCCA 84 Park v The Queen [2021] HCA 37 R v Denis Ernest Fing NSWCCA (unreported 4 October 1994) R v Dodd (1991) 57 A Crim R 349 R v Fangaloka [2019] NSWCCA 173 R v Hopley [2008] NSWCCA 105 R v Kennedy [2000] NSWCCA 527 R v Mauger [2012] NSWCCA 51 R v Paris [2001] NSWCCA 83 R v Thomson; R v Houlton [2000] 49 NSWLR 383 Skocic v R [2014] NSWCCA 225 ST v R [2022] NSWCCA 169 Valentine v Eid (1992) 27 NSWLR 615
Category:	Sentence
Parties:	NSW Police Force (prosecution) and Taylah Blake (defendant)
Representation:	Sergeant Nolan, Police Prosecutor W Pasterfield, Solicitor
File Number(s):	2023/00025841
Publication restriction:	Nil