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
Category: Sentence Parties: Regina
Craig James Banks (Offender)Representation: Counsel:
Solicitors:
Mr M Johnston SC (Offender)
Office of the Director of Public Prosecutions (NSW)
Armstrong Legal (Offender)
File Number(s): 2019/00161020 Publication restriction: None
Judgment
Introduction
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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
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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.
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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.
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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…
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- AGLC
- R v Banks, Craig [2021] NSWDC 827
- Case
- [2021] NSWDC 827
- Decision Date
CaseChat Overview and Summary
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
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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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