R v Dale

[2025] NSWDC 222

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Dale [2025] NSWDC 222

Hearing dates:

21 March 2025

Date of orders:

05 May 2025

Decision date:

05 May 2025

Jurisdiction:

Criminal

Before:

Anderson SC DCJ

Decision:

See [104] - [111]

Catchwords:

SENTENCING - drive manner dangerous causing death – drive manner dangerous causing grievous bodily harm - application of Whyte guideline - fulltime custody required for a drive manner dangerous - availability of ICO when Offender in custody on other matters bail refused

Legislation Cited:

Crimes Act 1900 (NSW)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases Cited:

R v Jurisic (1998) 45 NSWLR 209

R v Mulholland [2023] NSWLC 10

R v Whyte [2002] NSWCCA 343

Category:

Sentence

Parties:

Rex (Crown)
Jake Dale (Offender)

Representation:

Counsel:
Mr D Noll of counsel (Crown, ODPP Dubbo)
Mr M Davies of counsel (Offender, Public Defender)

Solicitors:
Office of the Director of Public Prosecutions, Dubbo
Legal Aid Commission, Dubbo

File Number(s):

2023/00335243

JUDGMENT

1. The offender, Jake Dale, appears for sentence in relation to two offences, both arising from the same tragic incident that occurred on the Lue Road at Mount Knowles on 16 October 2023.  As is often the case in matters such as these before the Court, the impact of the offending is both profound on the victim's families and the offender, and his own family in this case.

2. Non‑lawyers are often critical of judges for being what they perceive to be too lenient.  It is worth pointing out that as a judge in this Court, I am required to sentence the offender based on a range of factors, looking at the nature of the offence, its consequences, and matters personal to the offender, but at all times constrained by the laws made by the parliament of this state, as interpreted by the New South Wales's Court of Criminal Appeal.

3. As I hope these remarks can explain, there are a lot of competing factors, many of which pull in different directions, but at the centre is the loss to the Fisher family of their son and brother, Kane.  The offender's family also suffers a significant loss with the permanent injuries suffered by the offender's younger brother, Rhys.  Those watching must understand this.  A life should never be measured simply by the punishment imposed on the offender.  No life or injury can ever be equated with a period of imprisonment or punishment, however that punishment takes its form.

4. Sequence 1 before the Court is an offence of dangerous driving, occasioning death, in this case of Mr Kane Fisher, contrary to s 52A(1)(c) of the Crimes Act 1900 (NSW). It carries a maximum penalty of ten years. Sequence 2 is an offence of dangerous driving occasioning grievous bodily harm, the victim in this matter being Mr Rhys Dale, contrary to s 52A(3)(c) of the Crimes Act.  It carries a maximum penalty of seven years' imprisonment.  There is no standard non‑parole period for either offence.  The maximum penalties operate as a legislative…