SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Fountain |
Citation: | [2018] ACTSC 329 |
Hearing Date: | 26 November 2018 |
DecisionDate: | 26 November 2018 |
Before: | Elkaim J |
Decision: | See [29] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – culpable driving causing grievous bodily harm |
Legislation Cited: | Crimes Act 1900 (ACT) s 29(4) |
Cases Cited: | R v Barton [2016] ACTSC 162 |
Parties: | The Queen (Crown) Ashleigh Rose Fountain (Offender) |
Representation: | Counsel Mr A Williamson (Crown) Mr P Edmonds (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Canberra Criminal Lawyers (Offender) | |
File Numbers: | SCC 6 of 2018 and SCC 7 of 2018 |
ELKAIM J:
On 2 October 2018, the offender pleaded guilty to the single count in an indictment dated 20 February 2018. The charge is one of culpable driving of a motor vehicle by negligently causing grievous bodily harm to Ms Bach Tuyet Thi Tran.
The offence of culpable driving causing grievous bodily harm is contrary to s 29(4) of the Crimes Act 1900 (ACT) and carries a maximum penalty of 10 years’ imprisonment.
The accident occurred at the intersection of Belconnen Way, Lathlain Street and Catchpole Street on 17 April 2017. The speed limit along Belconnen Way, the road on which the offender was travelling, is 80 km/h.
The intersection is governed by traffic lights. The offender drove through the intersection against a red traffic light and travelling at about 10 km/h in excess of the speed limit. Her vehicle, a Toyota Camry collided with a Toyota Corolla being driven by Ms Tran. Ms Tran had emerged from Catchpole Street in accordance with a green traffic light.
The accident occurred at about 5:15 pm. The offender was on her way home from work. She was distracted and clearly not concentrating on either her speed or the traffic lights that were ahead of her.
Ms Tran was seriously injured. Her injuries included a punctured lung leading to a haemopneumothorax, other lung injuries, fractured ribs, fractures to her right arm and wrist, a duodenal perforation (a potentially life-threatening condition), fractures of the transfer’s processes from L1 to L5 and a number of pelvic fractures.
Ms Tran required emergency surgery and spent about a week in the Intensive Care Unit at Canberra Hospital. During this time she suffered respiratory failure and also contracted a hospital-acquired gastro-intestinal infection. I will return to her current state below.
The offender was born in Temora in New South Wales in 1992. She is a single woman and works as a travel consultant. After completing Year 12 she commenced a degree in Environmental Science and Tourism Management at the University of Canberra.
The offender has no criminal record and does not use or abuse alcohol or illicit drugs.…
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- R v Fountain [2018] ACTSC 329
- Case
- [2018] ACTSC 329
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CaseChat Overview and Summary
The Court of Appeal began by examining the principles of sentencing in the context of culpable driving causing grievous bodily harm. It noted that such offences typically attract significant penalties due to the serious nature of the harm caused. The court then reviewed the facts of the case, including the circumstances of the incident and the impact on the victim. It considered the submissions made by both parties regarding the appropriate range of sentences for this type of offence. The court also evaluated the trial judge's reasons for imposing the specific sentence, assessing whether the judge had considered all relevant factors and applied the correct legal principles. After a thorough analysis, the Court of Appeal concluded that the sentence imposed was not manifestly excessive and confirmed the trial judge's decision.
Orders
Orders of the court
See [29]
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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