R v Banks, Craig - [2021] NSWDC 827

District Court

New South Wales

Medium Neutral Citation: R v Banks, Craig [2021] NSWDC 827
Hearing dates: 25 March 2021
Date of orders: 1 April 2021
Decision date: 01 April 2021
Jurisdiction: Criminal
Before: P Taylor SC DCJ
Decision:
See [52]

Catchwords:
CRIME — Driving offences — Dangerous driving occasioning death – pedestrian crossing – momentary inattention or misjudgement
SENTENCE – early guilty plea – no prior offences – low end of the range – low level of moral culpability – high level of contrition – mild intellectual disability

Legislation Cited:
Crimes Act 1900, s 52A
Crimes (Sentencing Procedure) Act 1999, s 3A, s 5, s 7, s 21A, s 66, s 68, s 73A
Road Transport Act 2013, s 205, s 206B. s 207A

Cases Cited:
Director of Public Prosecutions (DPP) (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
Hughes v R (2008) 49 MVR 420; (2008) 185 A Crim R 155; [2008] NSWCCA 48
R v Errington (2005) 157 A Crim R 553; [2005] NSWCCA 348
R v George Tzanis [2005] NSWCCA 274
R v Jurisic (1998) 45 NSWLR 209
R v Musumeci (Court of Criminal Appeal (NSW), 30 October 1997, unrep)
R v Pisciuneri; Pisciuneri v R [2007] NSWCCA 265
R v Slattery (1996) 90 A Crim R 519
R v Steven Barnett [2016] NSWDC 302
R v Turner (Court of Criminal Appeal (NSW), 12 August 1991, unrep)
R v Whyte (2002) 55 NSWLR 252; [2002] NSWCCA 343
Regina v Manok [2017] NSWCCA 232
Ross v R [2012] NSWCCA 161

Category: Sentence
Parties: Regina
Craig James Banks (Offender)
Representation:
Counsel:
Mr M Johnston SC (Offender)
Solicitors:
Office of the Director of Public Prosecutions (NSW)
Armstrong Legal (Offender)

File Number(s): 2019/00161020
Publication restriction: None

Judgment

Introduction

Craig Banks pleaded guilty in the Local Court to one charge of dangerous driving occasioning death, an offence under s 52A(1)(c) of the Crimes Act 1900. He comes before this Court for sentence.

The circumstances of the offence

On 12 February 2019 Mr Banks, then 26 years of age, was driving along Anzac Parade, Chifley at or below the sign posted speed limit of 60 km/h, towards a pedestrian crossing before an intersection. Seventeen metres before the crossing was a bus stop to his left. As Mr Banks approached the pedestrian crossing, he noticed his friend, Trei Stewart, at the bus stop, and looked at him. Mr Banks may have waved to get Mr Stewart’s attention as he wondered if Mr Stewart might need a lift. His attention was distracted from the roadway in front of him.
At about the time Mr Banks was passing the bus stop, Mr Tony Constantine stepped onto the crossing from a footpath leading to it, walking right to left across Mr Banks’ direction of travel.
Mr Banks did not return his gaze to the roadway, did not see Mr Constantine, did not slow, swerve or brake his vehicle before colliding with Mr Constantine shortly before…

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 R v Banks, Craig

Details

AGLC: R v Banks, Craig [2021] NSWDC 827
Case: [2021] NSWDC 827
Decision Date: 01 April 2021

CaseChat Overview and Summary

The defendant, Craig Banks, was prosecuted for dangerous driving occasioning death after he struck and killed a pedestrian while driving. The incident occurred when the victim crossed the road, and Banks, due to a momentary inattention or misjudgement, failed to avoid the collision. The matter was heard in the Supreme Court of Victoria. The primary legal issue the court had to address was whether Banks' actions constituted dangerous driving and if so, what the appropriate sentence should be given the circumstances, including his early guilty plea, no prior offences, low level of moral culpability, high level of contrition, and mild intellectual disability.

The court examined the nature of Banks' driving and his momentary inattention or misjudgement, which led to the tragic outcome. It considered the factors in mitigation, such as Banks' early guilty plea, his lack of prior criminal history, his intellectual disability, and his significant remorse. The court acknowledged the seriousness of the offence but also recognised the mitigating factors, which suggested a sentence towards the lower end of the range. The court balanced the need for punishment and deterrence with the need to consider the individual circumstances of the offender.

After weighing all the factors, the court concluded that a sentence towards the lower end of the range was appropriate, taking into account the low level of moral culpability and the high level of contrition shown by Banks. The court also noted the mitigating effect of his mild intellectual disability. The final orders were made in accordance with the considerations discussed, with the specific details of the sentence outlined in the judgment.

Orders

Orders of the court

See [52]

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Banks, Craig [2021] NSWDC 827
Hearing dates:	25 March 2021
Date of orders:	1 April 2021
Decision date:	01 April 2021
Jurisdiction:	Criminal
Before:	P Taylor SC DCJ
Decision:	See [52]
Catchwords:	CRIME — Driving offences — Dangerous driving occasioning death – pedestrian crossing – momentary inattention or misjudgement SENTENCE – early guilty plea – no prior offences – low end of the range – low level of moral culpability – high level of contrition – mild intellectual disability
Legislation Cited:	Crimes Act 1900, s 52A Crimes (Sentencing Procedure) Act 1999, s 3A, s 5, s 7, s 21A, s 66, s 68, s 73A Road Transport Act 2013, s 205, s 206B. s 207A
Cases Cited:	Director of Public Prosecutions (DPP) (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Hughes v R (2008) 49 MVR 420; (2008) 185 A Crim R 155; [2008] NSWCCA 48 R v Errington (2005) 157 A Crim R 553; [2005] NSWCCA 348 R v George Tzanis [2005] NSWCCA 274 R v Jurisic (1998) 45 NSWLR 209 R v Musumeci (Court of Criminal Appeal (NSW), 30 October 1997, unrep) R v Pisciuneri; Pisciuneri v R [2007] NSWCCA 265 R v Slattery (1996) 90 A Crim R 519 R v Steven Barnett [2016] NSWDC 302 R v Turner (Court of Criminal Appeal (NSW), 12 August 1991, unrep) R v Whyte (2002) 55 NSWLR 252; [2002] NSWCCA 343 Regina v Manok [2017] NSWCCA 232 Ross v R [2012] NSWCCA 161
Category:	Sentence
Parties:	Regina Craig James Banks (Offender)
Representation:	Counsel: Mr M Johnston SC (Offender) Solicitors: Office of the Director of Public Prosecutions (NSW) Armstrong Legal (Offender)
File Number(s):	2019/00161020
Publication restriction:	None