District Court
New South Wales
Medium Neutral Citation: R v Steven Barnett [2016] NSWDC 302 Hearing dates: 2 September 2016, 16 September 2016 Date of orders: 16 September 2016 Decision date: 16 September 2016 Jurisdiction: Criminal Before: Yehia DCJ Decision: Order for an intensive correction order assessment
Catchwords: Dangerous driving occasioning death; momentary inattention; intensive correction order; imprisonment as last resort Legislation Cited: Crimes Act 1900, s52A(1)(c)
Crimes (Sentencing Procedure) Act 1999, ss 3A, 5(1), 21ACases Cited: Hili v The Queen (2010) 242 CLR 520
Morabito v R [2007] NSWCCA 126
R v Davies [2000] NSWCCA 84
R v Errington (2005) 157 A Crim R 553
R v Foster [2001] NSWCCA 215
R v Jarad Smith [2016] NSWCCA 75
R v Jurisic (1998) 45 NSWLR 209
R v Khatter [2000] NSWCCA 32
R v Melissa McKeown [2013] NSWDC 22
R v Nahlous (2013) 228 A Crim R 503
R v Radley [2010] NSWCCA 64
R v Townsend [2010] NSWCCA 336
R v Whyte (2002) 55 NSWLR 252
R v Zamagias [2002] NSWCCA 17
Thai v R [2009] NSWCCA 314
Whelan v R (2012) 228 A Crim R 1
Zaky v R [2015] NSWCCA 161Category: Sentence Parties: Regina (Crown)
Steven Barnett (Offender)Representation: Counsel:
Solicitors:
Ms D Daleo (Crown)
Mr A Issacs (Offender)
Office of the Director of Public Prosecutions (Crown)
Toner and May Legal (Offender)
File Number(s): 2014/132881 Publication restriction: Nil
Judgment
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Steven Barnett, the offender, stood trial at Sydney District Court in May 2016 for an offence of dangerous driving occasioning death, contrary to s 52A(1)(c) of the Crimes Act 1900, an offence which carries a maximum penalty of ten years’ imprisonment.
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On 16 May 2016 he was found guilty. The sentence proceedings highlighted the enormity of the tragedy that has seen a young woman taken from her family well before her time. That loss has caused considerable grief and heartache. The material tendered during the proceedings also highlights the offender’s prior good character, past responsible driving and considerable remorse.
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In matters such as this Judges are asked to perform an impossible equation. No human life can ever be equated with a period of imprisonment. No gaol term can return a loved one and a life should never be measured simply by the punishment meted out to an offender: R v Jarad Smith [2016] NSWCCA 75 per R A Hulme J at [18] endorsing the remarks made in R v Melissa McKeown [2013] NSWDC 22.
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The sentence I impose does not and cannot measure the value of Brianna Stanford’s life. Instead it reflects the sentencing discretion informed by proper principle. It must reflect an adequate punishment, recognising the harm done and denouncing the conduct of the offender. The sentence must also reflect the objective seriousness of the offence, the offender’s moral culpability, his prospects of rehabilitation and the likelihood or unlikelihood of future offending.
Facts
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In determining the facts upon which I sentence Mr Barnett I am bound by the jury verdict. I must resolve any…
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- AGLC
- R v Barnett [2016] NSWDC 302
- Case
- [2016] NSWDC 302
- Decision Date
CaseChat Overview and Summary
The court considered the principles of sentencing for dangerous driving occasioning death and the role of momentary inattention in assessing the degree of danger. It was noted that while momentary inattention could contribute to dangerous driving, the court had to evaluate whether this was a significant factor in the circumstances of the case. The court also explored the potential for rehabilitation through an intensive correction order, which includes measures such as community service and mandatory counselling, compared to the more punitive nature of imprisonment. Ultimately, the court found that Barnett's momentary inattention did not reach the threshold of dangerous driving warranting immediate imprisonment, and that an intensive correction order would be more appropriate in this instance. The court ordered an assessment to determine the suitability of an intensive correction order for Barnett.
Orders
Orders of the court
Order for an intensive correction order assessment
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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