R v Coffee, Bradley - [2010] NSWDC 261

CITATION: R v Coffee, Bradley [2010] NSWDC 261

JUDGMENT DATE:
7 May 2010

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Convicted.
Sentence to a non-parole period of 9 months to date from the 7th May 2010 and expiring on the 6th February 2011. Balance of term of 9 months to expire on the 6th November 2011.
Offender disqualified for a period of 18 months to date from the 2nd February 2009 and expiring on the 6th May 2011.

CATCHWORDS: Criminal Law - Sentence - Drive manner dangerous whilst having high range PCA - blood alcohol reading 0.204 - phone call from ex-partner - offender angry - left party to purchase cigarettes - accompanied by passenger - burnout through roundabout - excessive speed - loses control of car through extended corner - degloving injury to left elbow, thumb and index finger - middle finger amputated - high level of moral culpability - aged 24 - problematic childhood - father of two young children - tensions in second relationship - brother in custody - breach of s.9 bond - some rationalising of offending conduct - contrition expressed - clouded rehabilitation prospects

CASES CITED: R v Whyte [2002] NSWCCA 343

PARTIES: Regina
Bradley Stephen Coffee

FILE NUMBER(S): 2009/00044082

COUNSEL: Crown: K White
Defence: K Robinson

JUDGMENT

1. No one doubts driving at speed is dangerous. Those involved in motor vehicle speeding sports are very conscious of the risks driving at speed poses, that is why their cars are specifically modified to protect the driver and to some extent the vehicle in the event of an impact. That is why they usually all go in the same direction. That is why helmets and protective clothing are worn. That is why tyres are adjusted for the weather. And that is why none of them sit behind the wheel of a car with alcohol in their blood system. Anyone who wants to drive at speed without taking proper precautions is not welcomed in the motor vehicle speeding sports. Trained and experienced speed car drivers would rightly regard such drivers as rogues and a menace.

2. Bradley Stephen Coffee has no appropriate modifications to his vehicle, was not wearing protective clothing, had with him a passenger wearing neither helmet nor protective clothing. He chose to sit behind the wheel of his vehicle whilst having a blood alcohol reading of 0.204 grams of alcohol per 100 millilitres of blood, and chose to drive at speeds on the streets of Dubbo. His vehicle was involved in an impact, the result of which grievous bodily harm was occasioned to his passenger.

3. Today he is to be held accountable for his criminal conduct. As sentencing judge it falls to me to determine a number of competing tensions in this matter. Those tensions arise because I have to determine the appropriate sentence for this offence as it was in the community of Dubbo, harming Mr Sommerville in a permanent way for the rest of his life, in an offence committed…

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 Coffee, Bradley

Details

AGLC: R v Coffee, Bradley [2010] NSWDC 261
Case: [2010] NSWDC 261
Decision Date: 7 May 2010

CaseChat Overview and Summary

The case of R v Coffee, Bradley, involved the defendant, Mr. Bradley Coffee, who was charged with dangerous driving while having a high provisional driver's license and possessing a blood alcohol concentration above the legal limit. The incident occurred when Mr. Coffee, after receiving a phone call from his ex-partner, left a party to purchase cigarettes. Accompanied by a passenger, he engaged in reckless driving, including a burnout through a roundabout, excessive speeding, and losing control of the vehicle while navigating an extended corner. These actions resulted in a severe degloving injury to his left elbow, thumb, and index finger, and the amputation of his middle finger. The case was heard in a relevant court, where the primary focus was on determining an appropriate sentence given the severity of the offence and the mitigating factors presented.

The legal issues before the court involved assessing the gravity of the offence, the level of culpability, and the potential for rehabilitation. The court had to consider the high blood alcohol content, the dangerous driving behaviour, and the severe injuries sustained by the victim, as well as the mitigating factors such as the defendant's young age, his background, and the expressions of contrition. The court also needed to weigh the public interest in deterring such conduct against the potential for rehabilitation.

The court found that while the offence was serious, involving a high level of moral culpability, the mitigating factors presented a complex picture. Mr. Coffee's young age, problematic background, and the presence of his children were considered alongside the significant breach of his bond conditions. The court acknowledged the defendant's contrition and the rationalising of his conduct, but ultimately determined that a custodial sentence was necessary to adequately reflect the seriousness of the offence and to deter similar conduct in the future. The court sentenced Mr. Coffee to a non-parole period of nine months, with the balance of the term set to expire on a later date. Additionally, the court imposed a disqualification from driving for a period of 18 months.

Orders

Orders of the court

Convicted.

Sentence to a non-parole period of 9 months to date from the 7th May 2010 and expiring on the 6th February 2011. Balance of term of 9 months to expire on the 6th November 2011.

Offender disqualified for a period of 18 months to date from the 2nd February 2009 and expiring on the 6th May 2011.

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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CITATION:	R v Coffee, Bradley [2010] NSWDC 261
JUDGMENT DATE:	7 May 2010
JURISDICTION:	Criminal
JUDGMENT OF:	Nicholson SC DCJ
DECISION:	Convicted. Sentence to a non-parole period of 9 months to date from the 7th May 2010 and expiring on the 6th February 2011. Balance of term of 9 months to expire on the 6th November 2011. Offender disqualified for a period of 18 months to date from the 2nd February 2009 and expiring on the 6th May 2011.
CATCHWORDS:	Criminal Law - Sentence - Drive manner dangerous whilst having high range PCA - blood alcohol reading 0.204 - phone call from ex-partner - offender angry - left party to purchase cigarettes - accompanied by passenger - burnout through roundabout - excessive speed - loses control of car through extended corner - degloving injury to left elbow, thumb and index finger - middle finger amputated - high level of moral culpability - aged 24 - problematic childhood - father of two young children - tensions in second relationship - brother in custody - breach of s.9 bond - some rationalising of offending conduct - contrition expressed - clouded rehabilitation prospects
CASES CITED:	R v Whyte [2002] NSWCCA 343
PARTIES:	Regina Bradley Stephen Coffee
FILE NUMBER(S):	2009/00044082
COUNSEL:	Crown: K White Defence: K Robinson