R v Feltham

Case [2024] NSWDC 378


District Court


New South Wales

Medium Neutral Citation: R v Feltham [2024] NSWDC 378
Hearing dates: 14 August 2024
Date of orders: 21 August 2024
Decision date: 21 August 2024
Jurisdiction:Criminal
Before: Sutherland SC DCJ
Decision:

1 year and 11 months imprisonment to be served by way of an Intensive Correction Order and 12 month driver licence disqualification, at [212] to [220].

Catchwords:

CRIME — Driving offences — Dangerous driving occasioning death — Momentary inattention — Lower end of objective seriousness — Approaching the lowest end of the continuum of moral culpability — Genuine remorse and contrition.

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999

Crimes Act 1900

Criminal Procedure Act 1986

Cases Cited:

Markham v Regina [2007] NSWCCA 295

Moodie v R [2020] NSWCCA 160

R v Balla [2021] NSWCCA 325
R v Balla [2021] NSWDC 487
R v Banks [2021] NSWDC 827
R v Boctor [2020] NSWDC 46

R v Errington [2005] NSWCCA 348; 157 A Crim R 553

R v Jurisic (1998) 45 NSWLR 209

R v Khatter [2000] NSWCCA 32

R v Manok [2017] NSWCCA 232
R v Quinlan [2022] NSWDC 761
R v Raymond [2019] NSWDC 679
R v Steven Barnett [2016] NSWDC 302

R v Tzanis [2005] NSWCCA 274

R v Whyte [2002] NSWCCA 343; 55 NSWLR 252

R v Zaiter [2021] NSWDC 277
Whelan v R [2012] NSWCCA 147

Wong v The Queen [2001] HCA 64; 207 CLR 584

Texts Cited:

Nil

Category:Sentence
Parties: Rex (Crown)
Craig James Feltham (Offender)
Representation:

Counsel:

J Sfinas (Crown)
T C Jackson (Offender)

Solicitors:
Director of Public Prosecutions (NSW) (Crown)
Pennicott Weir Lawyers (Offender)
File Number(s): 2020/00316986
Publication restriction: Nil

JUDGMENT

BACKGROUND [1]

FACTUAL CIRCUMSTANCES [13]

OBJECTIVE SERIOUSNESS [51]

VICTIM IMPACT STATEMENTS [75]

SUBJECTIVE CIRCUMSTANCES [86]

COMPARATIVE CASES [153]

CONSIDERATION [208]

BACKGROUND

  1. Craig Feltham appears for sentence following his entering a plea of Guilty to a charge of dangerous driving occasioning death. Such an offence contravenes s 52A(1)(c) of the Crimes Act 1900 and carries a maximum penalty of 10 years imprisonment. There is no standard non-parole period.

  2. The offence took place on 1 November 2020. The victim was Owen Fayle who was riding his motorbike from his place of work at the Hyne Timber Mill in Tumbarumba after a night shift and heading home on a major arterial regional road at 6:30am.

  3. I will deal with the detail of the facts shortly but relevantly, the offender was travelling in the opposite direction, ironically travelling to the same place of work as the victim, who was known to him.

  4. Mr Feltham was driving a Mazda BT50 utility and failed to see the approaching motorcycle as he turned onto the same road. Mr Fayle was killed in the consequent impact between the vehicles.

  5. The offender suffered minor injuries and was treated by paramedics at the scene before being conveyed to Batlow Hospital for mandatory blood and urine testing. He was negative for the presence of both drugs and alcohol.

  6. He subsequently participated in an…

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AGLC
R v Feltham [2024] NSWDC 378
Case
[2024] NSWDC 378
Decision Date

CaseChat Overview and Summary

In the case of R v Feltham, the appellant was charged with dangerous driving occasioning death. The incident occurred when the appellant, momentarily inattentive, collided with a motorcycle, resulting in the death of the rider. The court was tasked with determining the appropriate sentence for this offence, considering the objective seriousness of the incident, the appellant's culpability, and his remorse. The case was heard in the Supreme Court of Queensland.

The legal issues before the court included the assessment of the objective seriousness of the offence, the appellant's culpability, and the degree of remorse demonstrated. The court was required to consider the lower end of the scale of objective seriousness and whether the case approached the lowest end of the continuum of moral culpability. Additionally, the court had to weigh the appellant's genuine remorse and contrition in determining the appropriate sentence.

In delivering the judgment, the court acknowledged the appellant's momentary inattention as a significant factor in the collision. However, it recognised that the incident was at the lower end of the scale of objective seriousness and approached the lowest end of the continuum of moral culpability. The court also considered the appellant's genuine remorse and contrition, which were deemed to be significant mitigating factors. Consequently, the court imposed a sentence of one year and eleven months imprisonment, to be served by way of an Intensive Correction Order, and a twelve-month driver licence disqualification.

The court's final orders were that the appellant was to serve one year and eleven months imprisonment through an Intensive Correction Order and be disqualified from holding a driver's licence for twelve months. The decision underscored the importance of momentary inattention as a contributing factor to the offence, the lower end of the scale of objective seriousness, and the mitigating effect of genuine remorse and contrition on the sentence imposed.

Orders

Orders of the court

1 year and 11 months imprisonment to be served by way of an Intensive Correction Order and 12 month driver licence disqualification, at [212] to [220].

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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