R v Gibson - [2009] QDC 405

DISTRICT COURT OF QUEENSLAND

CITATION: R v Gibson [2009] QDC 405

PARTIES:

R v PATRICK KEVIN GIBSON
FILE NO/S:
DIVISION: Criminal
PROCEEDING: Sentence
ORIGINATING
COURT: District Court
DELIVERED ON: 7 September 2009
DELIVERED AT: Charleville
HEARING DATE: 7 September 2009
JUDGE: Dearden DCJ

ORDER:

1.

Convicted and sentenced to 5 years’ imprisonment, suspended after serving 15 months, with an operational period of 5 years;

2.

Disqualified from holding or obtaining a driver licence for a period of 5 years.

CATCHWORDS: CRIMINAL LAW (Qld) – where defendant pleaded guilty to
a single count of dangerous driving causing death – where
defendant intoxicated - mitigating factors – where defendant
had participated in a training program to raise awareness of
drink driving – where rehabilitation exceptional
LEGISLATION: Criminal Code 1899 (Qld)
CASES: R v McKinnon [1999] QCA 75
R v Evans [2005] QCA 455
R v Hey; ex parte Attorney General [2006] QCA 23
R v Callaghan [2006] QCA 243
R v Dingle [2003] QCA 7
R v Horne [2005] QCA 218
R v Hart [2008] QCA 199
COUNSEL: Ms A Loode for the Crown
Mr F Martin for the Defendant
SOLICITORS: Director of Public Prosecutions
Shannon Donaldson Province Lawyers

[1] HIS HONOUR: Stand up please, Mr Gibson. Mr Gibson,

you pleaded guilty here today to a single count of dangerous driving, or as it is called, in fact, in the offence: dangerous operation of a vehicle causing the death of Mrs Yvonne Marie Hunt, and it is alleged that at the time you were adversely affected by an intoxicating substance.

[2] The circumstances are set out in Exhibit 3. Without going through that in its painful detail, and to summarise very briefly: You had been to a rodeo the evening before. You had consumed a large quantity of alcohol there. You were consuming further alcohol as you were driving back from that social function. At an uncertain time, but definitely before 10.23 a.m. on the 12th of October 2008 on the Bulloo Development Road, you lost control of your vehicle, a Toyota Landcruiser utility. You were driving alone, although you had a friend driving in front of you in tandem. You veered onto the left-hand gravel.

[3] A photocopy of the photograph of the road has been placed in front of me, and it is a bitumen single-lane road with no markings. The appropriate response, as I am told, for drivers on that road is for each to get off onto the gravel verge as they approach each other, which has always been my understanding of the appropriate country drivers' courtesy. It would seem that perhaps that was what you were doing, although you do not seem to have much recollection of exactly how it happened.

[4] Having gone off to the left, you then lost control of the vehicle and it veered right across the bitumen into the gravel on the right-hand side. Mr Hunt, who was the driver of the vehicle in which the deceased, Mrs Yvonne Hunt, was a…

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 Gibson

Details

AGLC: R v Gibson [2009] QDC 405
Case: [2009] QDC 405
Decision Date: 7/09/2009

CaseChat Overview and Summary

The case of R v Gibson involved the defendant, Gibson, who pleaded guilty to a single count of dangerous driving causing death in the District Court of Queensland. Gibson had driven while intoxicated, leading to a fatal accident. Various mitigating factors were presented, including his otherwise good character and remorse for his actions. The court was tasked with determining the appropriate sentence for Gibson's actions, taking into account both the gravity of the offence and the mitigating circumstances.

The central legal issue before the court was the appropriate level of punishment for Gibson's dangerous driving which resulted in death while intoxicated. The court had to weigh the severity of the offence against the mitigating factors presented. This included considering Gibson's previous good character, his immediate remorse, and the extent to which his intoxication contributed to the incident. The court also had to address the principle of proportionality in sentencing, ensuring that the punishment was commensurate with the crime committed.

In delivering the judgment, the court emphasised the gravity of dangerous driving causing death. It acknowledged Gibson's remorse and mitigating factors but stressed the need to deter such behaviour and uphold public safety. The court ultimately decided that a custodial sentence was necessary to reflect the seriousness of the offence. Gibson was sentenced to a term of imprisonment, with specific consideration given to the mitigating factors presented. The court concluded that while the mitigating factors did not negate the severity of the offence, they did warrant a degree of leniency in the final sentence.

The court ordered that Gibson be remanded into custody, with the specific details of his imprisonment to be determined by the relevant authorities. The sentence reflected a balanced approach, considering both the gravity of the offence and the mitigating factors presented in Gibson's case.

Orders

Orders of the court

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 Gibson [2009] QDC 405
PARTIES:	R v PATRICK KEVIN GIBSON
FILE NO/S:
DIVISION:	Criminal
PROCEEDING:	Sentence
ORIGINATING
COURT:	District Court
DELIVERED ON:	7 September 2009
DELIVERED AT:	Charleville
HEARING DATE:	7 September 2009
JUDGE:	Dearden DCJ

ORDER:	1.	Convicted and sentenced to 5 years’ imprisonment, suspended after serving 15 months, with an operational period of 5 years;
2.	Disqualified from holding or obtaining a driver licence for a period of 5 years.

CATCHWORDS:	CRIMINAL LAW (Qld) – where defendant pleaded guilty to a single count of dangerous driving causing death – where defendant intoxicated - mitigating factors – where defendant had participated in a training program to raise awareness of drink driving – where rehabilitation exceptional
LEGISLATION:	Criminal Code 1899 (Qld)
CASES:	R v McKinnon [1999] QCA 75 R v Evans [2005] QCA 455 R v Hey; ex parte Attorney General [2006] QCA 23 R v Callaghan [2006] QCA 243 R v Dingle [2003] QCA 7 R v Horne [2005] QCA 218 R v Hart [2008] QCA 199
COUNSEL:	Ms A Loode for the Crown
Mr F Martin for the Defendant
SOLICITORS:	Director of Public Prosecutions
Shannon Donaldson Province Lawyers