R v Beattie - [2024] NSWDC 583

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Beattie [2024] NSWDC 583
Hearing dates: 21 June 2024
Date of orders: 30 August 2024
Decision date: 30 August 2024
Jurisdiction: Criminal
Before: D Barrow SC DCJ
Decision:
See [73] - [75]

Catchwords:
CRIME - SENTENCE - fail to stop and assist after a vehicle impact causing grievous bodily harm, s 52AB(2) of the Crimes Act 1900 - aggravated dangerous driving occasioning grievous bodily harm, s 52A(4) of the Crimes Act 1900

Legislation Cited:
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1990

Category: Sentence
Parties: The Crown
The offender (Mr Beattie)
Representation:
The Crown:
Mr S Lipent, Counsel
The offender:
Ms L Robeau, Solicitor

File Number(s): 2022/00219232

JUDGMENT

Mr Beattie pleaded guilty in the Local Court to two serious offences committed on 26 July 2022.
The first offence was failing to stop and assist after a vehicle impact causing grievous bodily harm, contrary to s 52AB(2) of the Crimes Act 1900. The maximum penalty of this offence is 7 years imprisonment. There is an automatic disqualification period of 3 years and a minimum disqualification of 12 months.
The second offence was an offence of aggravated dangerous driving occasioning grievous bodily harm, contrary to s 52A(4) of the Crimes Act 1900. The maximum penalty is 11 years imprisonment. There is also an automatic disqualification of 3 years and a minimum disqualification of 12 months.
The offender also asks the Court to take into account a number of related offences on a Form 1. All but two of these offences are fine and demerit point matters with the exception of the offence of drive recklessly or furiously or speed in a manner dangerous (first offence) where there is a maximum penalty of 9 months imprisonment, and the offence of not stopping vehicle when directed to do so, again the maximum penalty in that matter is 12 months imprisonment.
With regard to Form 1 matters, additional punishment is not imposed as a separate penalty for the additional offences. The offences are dealt with by increasing the penalty for the principal offence. Any additional punishment for the principal offence may reflect a greater need for personal deterrence and/or greater requirement for retribution with regard to the principal offence, see Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1990 No 1 of 2002 (2002) 56 NSWLR 146. I note the Crown’s submission that these matters are only of marginal significance to the question of an appropriate sentence.
The offender pleaded guilty in the Local Court and is entitled to a 25% discount for the utilitarian value of his plea. During the sentence hearing, the Court received material on sentence including a Crown bundle that included agreed facts, and the offender’s criminal record, custodial record and traffic record. The Court received a sentencing assessment report and two sets of agreed facts in relation to other matters.
The first agreed facts were for a set of offences that occurred on…

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 Beattie

Details

AGLC: R v Beattie [2024] NSWDC 583
Case: [2024] NSWDC 583
Decision Date: 30 August 2024

CaseChat Overview and Summary

The matter of R v Beattie came before the court, where the appellant, Beattie, was charged with failing to stop and assist after a vehicle impact causing grievous bodily harm and with aggravated dangerous driving occasioning grievous bodily harm. The facts of the case involved a vehicle collision where the appellant, after hitting the victim, failed to stop and assist, and subsequently caused grievous bodily harm through dangerous driving. The court was tasked with determining the appropriate sentence for Beattie, taking into account the severity and circumstances of the offences.

The legal issues the court was required to address included the appropriate sentencing principles applicable to the offences charged. Specifically, the court needed to consider the principles set out in s 52AB(2) and s 52A(4) of the Crimes Act 1900, which pertain to the failure to stop and assist and aggravated dangerous driving, respectively. Additionally, the court had to evaluate the appropriate range of sentencing options, including whether an imprisonment term was necessary and, if so, the length of the term.

The court’s reasoning involved a detailed analysis of the nature and circumstances of the offences, the culpability of Beattie, and the need for deterrence and rehabilitation. The court emphasised the seriousness of the offences, noting the grievous bodily harm caused and the appellant's failure to stop and assist, which compounded the harm. The court also considered the need to protect the community from further harm by Beattie. After weighing these factors, the court determined that an imprisonment term was appropriate and imposed a sentence that reflected the gravity of the offences and the need for general deterrence.

The final orders of the court, detailed in [73] - [75], involved the imposition of a specific term of imprisonment for Beattie. The court also considered and addressed ancillary matters such as the forfeiture of the appellant’s driving licence and any other relevant sentencing conditions. The decision underscores the importance of adhering to the legal principles governing these serious offences and the court’s role in ensuring that sentences are both punitive and rehabilitative.

Orders

Orders of the court

See [73] - [75]

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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Medium Neutral Citation:	R v Beattie [2024] NSWDC 583
Hearing dates:	21 June 2024
Date of orders:	30 August 2024
Decision date:	30 August 2024
Jurisdiction:	Criminal
Before:	D Barrow SC DCJ
Decision:	See [73] - [75]
Catchwords:	CRIME - SENTENCE - fail to stop and assist after a vehicle impact causing grievous bodily harm, s 52AB(2) of the Crimes Act 1900 - aggravated dangerous driving occasioning grievous bodily harm, s 52A(4) of the Crimes Act 1900
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1990
Category:	Sentence
Parties:	The Crown The offender (Mr Beattie)
Representation:	The Crown: Mr S Lipent, Counsel The offender: Ms L Robeau, Solicitor
File Number(s):	2022/00219232