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
Griffith v Hutchinson & Anor (unreported NSWSC 1 February 1991)
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 Thomson; R v Houlton [2000] 49 NSWLR 383
Skocic v R [2014] NSWCCA 225
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
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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).
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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
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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.
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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…
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- AGLC
- Police v Taylah Blake [2023] NSWLC 12
- Case
- [2023] NSWLC 12
- Decision Date
CaseChat Overview and Summary
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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