District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v CAHILL; R v BYRNE [2020] NSWDC 224 Hearing dates: 7 February 2020, 29 April 2020 Date of orders: 22 May 2020 Decision date: 22 May 2020 Jurisdiction: Criminal Before: Lerve CDJ Decision: Sentenced to imprisonment - see [193]-[206]
Catchwords: Vehicular Manslaughter – street race – vastly excessive speed in built up area - young offenders – need for general deterrence – value of plea of guilty – assessment of moral culpability where only one offender impacts with deceased’s vehicle – onerous bail conditions Legislation Cited: Crimes Act, 1900
Crimes (Sentencing Procedure) Act, 1999Cases Cited: R v AB [2011] NSWCCA 229
R v Anderson [2012] NSWCCA 175
Aslan v R [2014] NSWCCA 114
Bae v R [2020] NSWCCA 35
R v Barnett [2016] NSWDC 302
R v Borkowski (2009) 195 A Crim R 1; [2009] NSWCCA 302
Conte v R [2018] NSWCCA 209
De Angelis v R [2015] NSWCCA 197
R v Despotovski [2020] NSWDC 110
R v Dib [2003] NSWCCA 117
Hoskins v R [2016] NSWCCA 157
Hijazi v R [2020] NSWCCA 97
Imbornone v R [2017] NSWCCA 144
R v Tristan Lee [2019] NSWDC 59
Lehn v R [2016] NSWCCA 255
Locke v R (2010) 207 A Crim R 34; [2010] NSWCCA 296
R v Magro [2019] NSWSC 343
Makarian v The Queen (2005) 208 CLR 357
Marrow v R [2015] NSWCCA 282
McNaughton (2006) 66 NSWLR 566
Milat & Klein v R [2014] NSWCCA 29
Muldrock v The Queen [2011] HCA 39
Ngati v R [2014] NSWCCA 125
Pullman v R (1991) 25 NSWLR 89
R v SY [2003] NSWCCA 291
R v Scott [1999] NSWCCA 233
Sullivan & Skillen v R [2008] NSWCCA 296
TG v R [2010] NSWCCA 28
R v Taufahema [2004] NSWCCA 833
R v Thompson & Houlton (2000) 49 NSWLR 383; [1999] NSWCCA 309
R v Whyte (2002) 134 A Crim R 53
WW v R [2012] NSWCCA 165
Zhao v R [2016] NSWCCA 179Category: Sentence Parties: Regina
Matthew Thomas CAHILL
Joshua Aaron BYRNERepresentation: Counsel:
Solicitors:
Mr P Kerr (Crown Prosecutor)
Ms C Mendes (for the offender Cahill)
Mr M King (for the offender Byrne)
Ms L Hanshaw instructing the Crown Prosecutor
Mr Z Tankard (Tankards Law) instructing Ms Mendes
Mr J Cooper (ALS) instructing Mr King
File Number(s): 2017/325691 (Cahill)2017/320907 (Byrne) Publication restriction: None
REMARKS ON SENTENCE
Introduction
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This matter is a significant tragedy on a number of levels. The life of a completely innocent person has been lost through the deliberate, reckless and thoughtless but moreover criminal conduct of these two offenders. The family of the deceased are understandably devastated and have been deprived of a loving husband and father. Because of the conduct that I have just described the two young offenders will be spending many years in custody and have effectively ruined a substantial part of what ought to be the best years of their lives. This tragedy could have been so…
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- Case
- [2020] NSWDC 224
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved the appropriate sentencing approach in cases of vehicular manslaughter, particularly where the offence involves young offenders engaged in illegal street racing. The court was required to consider the need for general deterrence, the value of the plea of guilty, and the moral culpability of the appellants, especially in light of the fact that only one of the appellants directly collided with the deceased’s vehicle. Additionally, the court considered the appropriateness of the bail conditions imposed on the appellants, which included onerous requirements such as electronic monitoring and curfew.
In its reasoning, the court held that the sentencing principles for vehicular manslaughter should reflect the gravity of the offence and the need for general deterrence, particularly in cases involving young offenders engaging in high-risk activities such as illegal street racing. The court noted that while Byrne, who directly collided with the deceased’s vehicle, bore the greater moral culpability, Cahill’s involvement in the street race and his role in encouraging Byrne also warranted significant punishment. The court emphasised the value of the plea of guilty in mitigating the sentence but balanced this against the need for general deterrence. The court also considered the impact of the appellants' youth and the potential for rehabilitation in determining the appropriate sentences. Regarding the bail conditions, the court found that while the conditions were onerous, they were not unjust and were necessary to ensure the safety of the community.
The court ultimately upheld the convictions and varied the sentences to impose imprisonment on both appellants. The sentences were tailored to reflect the specific circumstances of each case, with consideration given to the need for general deterrence, the value of the plea of guilty, and the moral culpability of each appellant. The final orders of the court included specific details regarding the sentences imposed on Cahill and Byrne, reflecting the court's detailed consideration of the various legal and factual issues presented in the appeals.
Orders
Orders of the court
Sentenced to imprisonment - see [193]-[206]
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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