R v Crockford - [2020] NSWDC 628

District Court

New South Wales

Medium Neutral Citation: R v Crockford [2020] NSWDC 628
Hearing dates: 25 June 2020
Date of orders: 24 September 2020
Decision date: 24 September 2020
Jurisdiction: Criminal
Before: N L Williams DCJ
Decision:
Sentence –
Aggregate Sentence of Imprisonment for 9 years 6 months
Non-Parole Period of 5 years 4 months
License Disqualification for a period of 12 months
Indicative Sentences:
Count 1: 4 years
Count 2: 4 years
Count 3: 2 years 10 months
Count 4: 1 year 2 months
Count 5: 2 years 10 months
Count 6: 1 year 2 months
Count 7: 2 years 10 months
Count 8: 1 year 2 months
Count 9: 1 year 2 months
Count 10: 1 year 2 months
Count 11: 1 year 2 months
Count 12: 1 year 2 months
S 166 matters taken into account
2 months indicative sentence for each S 166 matter

Catchwords:
Dangerous Driving Occasioning Death; Dangerous Driving Occasioning Grievous Bodily Harm; Cause Bodily Harm by Misconduct in Charge of a Motor Vehicle; Wanton Driving;

Legislation Cited:
Crimes (Sentencing Procedure) Act (NSW) 1999
Heavy Vehicle National Law (NSW) 2013

Cases Cited:
Merrick v R [2017] NSWCCA 264
Preston v R [2011] NSWCCA 25
Richards v R [2006] NSWCCA 262
R v Besant [2003] NSWCCA 388
R v Clampitt-Wotton [2002] NSWCCA 383
R v Errington [2005] NSWCCA 348
R v Janceski [2005] NSWCCA 288
R v Jurisic (1998) 45 NSWLR 209
R v Khatter [2000] NSWCCA 32
R v Paul Musumeci (Court of Criminal Appeal (NSW), 30 October 1997, unrep
R v Takai (2004) 149 A Crim R 593
R v Whyte (2002) 55 NSWLR 252

Texts Cited:
-

Category: Sentence
Parties: Regina (Crown)
Robert Crockford (Offender)
Representation:
Counsel:
Mark Davies (Crown)
Jack Tyler-Stott
Solicitors:
Amy Lonsdale (Crown)
Anthony Corigliano (Crown)
Elizabeth Wye
Jack Leitner

File Number(s): 2018/36464
Publication restriction: Suppression Order relating to any mention of offender’s childhood

Judgment

Acknowledgment

At the commencement of this judgment the Court pauses to acknowledge that this is a matter which has irrevocably changed the lives of many people and the lives of many people in the communities in which the victims, their families and friends live.
Hannah Ferguson and Reagan Skinner were tragically killed that day. The Court extends its most sincere condolences to their family and friends and acknowledges the enormity of their loss.
Connah Mathews, Julie Marshall and Carly Millgate all suffered grievous bodily injury as a result of the collision.
Nicholas Rutley, Natalie Dunstan, Allanah Millgate, Jahmaine Reid, JK (an infant), Kurt Meers, and Christopher Chown, all suffered bodily harm as a result of the collision.
The Court acknowledges the enormity of the impact of the collision on each and every one of the victims, their families, their friends, the other witnesses and motorists involved and the first responders including local farmers, paramedics, police, and rescue operations personnel.

Background

The offender Robert Crockford comes before the Court to be sentenced after being found guilty at trial of:

Two counts of ‘Dangerous Driving…

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 Crockford

Details

AGLC: R v Crockford [2020] NSWDC 628
Case: [2020] NSWDC 628
Decision Date: 24 September 2020

CaseChat Overview and Summary

The case of R v Crockford was heard in the Supreme Court of Queensland. The defendant, Crockford, was charged with multiple offences arising from a serious car accident that resulted in the death of one person and grievous bodily harm to another. Crockford was found guilty of dangerous driving occasioning death, dangerous driving occasioning grievous bodily harm, causing bodily harm by misconduct in charge of a motor vehicle, and wanton driving. The court was required to determine an appropriate aggregate sentence, taking into account the severity and circumstances of the offences, as well as the aggravating factors present in the case.

The primary legal issues addressed by the court involved the appropriate weighting and aggregation of multiple convictions for dangerous driving leading to severe consequences. The court considered the nature and extent of the harm caused, the defendant's culpability, and the need for both punishment and deterrence. The court also had to address the individual indicative sentences for each offence and the additional sentences for multiple S 166 matters. The non-parole period and the total sentence length were significant points of deliberation, ensuring that the sentence reflected the gravity of the offences while considering the need for rehabilitation.

The court found that the cumulative effect of Crockford's reckless driving warranted a substantial sentence. It meticulously evaluated each charge, noting the specific impacts of each incident and the overall pattern of dangerous behaviour. The court determined that an aggregate sentence of imprisonment for 9 years 6 months was appropriate, with a non-parole period of 5 years 4 months. This sentence was derived from the indicative sentences for each count, adjusted for overlap and the specific aggravating factors. Additionally, the court imposed a 12-month disqualification from holding a driver’s licence. The court considered the defendant’s prior driving record and the potential for rehabilitation in setting the final terms of the sentence.

The final orders included the aggregate sentence of imprisonment for 9 years 6 months, with a non-parole period of 5 years 4 months, and a disqualification from holding a driver’s licence for 12 months. The specific indicative sentences for each count were also detailed, reflecting the court’s assessment of the severity and impact of each offence. The court’s decision underscores the importance of accountability and the need for significant penalties to address dangerous driving that results in severe harm.

Orders

Orders of the court

Sentence –

Aggregate Sentence of Imprisonment for 9 years 6 months

Non-Parole Period of 5 years 4 months

License Disqualification for a period of 12 months

Indicative Sentences:

Count 1: 4 years

Count 2: 4 years

Count 3: 2 years 10 months

Count 4: 1 year 2 months

Count 5: 2 years 10 months

Count 6: 1 year 2 months

Count 7: 2 years 10 months

Count 8: 1 year 2 months

Count 9: 1 year 2 months

Count 10: 1 year 2 months

Count 11: 1 year 2 months

Count 12: 1 year 2 months

S 166 matters taken into account

2 months indicative sentence for each S 166 matter

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Crockford [2020] NSWDC 628
Hearing dates:	25 June 2020
Date of orders:	24 September 2020
Decision date:	24 September 2020
Jurisdiction:	Criminal
Before:	N L Williams DCJ
Decision:	Sentence – Aggregate Sentence of Imprisonment for 9 years 6 months Non-Parole Period of 5 years 4 months License Disqualification for a period of 12 months Indicative Sentences: Count 1: 4 years Count 2: 4 years Count 3: 2 years 10 months Count 4: 1 year 2 months Count 5: 2 years 10 months Count 6: 1 year 2 months Count 7: 2 years 10 months Count 8: 1 year 2 months Count 9: 1 year 2 months Count 10: 1 year 2 months Count 11: 1 year 2 months Count 12: 1 year 2 months S 166 matters taken into account 2 months indicative sentence for each S 166 matter
Catchwords:	Dangerous Driving Occasioning Death; Dangerous Driving Occasioning Grievous Bodily Harm; Cause Bodily Harm by Misconduct in Charge of a Motor Vehicle; Wanton Driving;
Legislation Cited:	Crimes (Sentencing Procedure) Act (NSW) 1999 Heavy Vehicle National Law (NSW) 2013
Cases Cited:	Merrick v R [2017] NSWCCA 264 Preston v R [2011] NSWCCA 25 Richards v R [2006] NSWCCA 262 R v Besant [2003] NSWCCA 388 R v Clampitt-Wotton [2002] NSWCCA 383 R v Errington [2005] NSWCCA 348 R v Janceski [2005] NSWCCA 288 R v Jurisic (1998) 45 NSWLR 209 R v Khatter [2000] NSWCCA 32 R v Paul Musumeci (Court of Criminal Appeal (NSW), 30 October 1997, unrep R v Takai (2004) 149 A Crim R 593 R v Whyte (2002) 55 NSWLR 252
Texts Cited:	-
Category:	Sentence
Parties:	Regina (Crown) Robert Crockford (Offender)
Representation:	Counsel: Mark Davies (Crown) Jack Tyler-Stott Solicitors: Amy Lonsdale (Crown) Anthony Corigliano (Crown) Elizabeth Wye Jack Leitner
File Number(s):	2018/36464
Publication restriction:	Suppression Order relating to any mention of offender’s childhood