R v Griffiths - [2024] NSWDC 605

District Court

New South Wales

Medium Neutral Citation: R v Griffiths [2024] NSWDC 605
Hearing dates: 17 December 2024
Date of orders: 17 December 2024
Decision date: 17 December 2024
Jurisdiction: Criminal
Before: Fitzsimmons SC DCJ
Decision:
(1)   The offender is convicted.
(2)   The offender is sentenced to a term of two years imprisonment.
(3)   Pursuant to 7(1) of the Crimes (Sentencing Procedure) Act 1999, the sentence imposed is to be served by way of an intensive correction order. The sentence will commence today, 17 December 2024.
(4)   The standard conditions that apply during the term of the order are that the offender:
(a)   Must not commit any offence; and
(b)   Must submit to supervision by a community corrections officer at the Wollongong Community Corrections office and is to attend this office within 7 days to facilitate this condition.
(5)   The following additional conditions apply:
(a)   The offender is to perform 450 hours of community service work; and
(b)   The offender is to comply with any reasonable directions of his general practitioner and any treating psychiatrist, with respect to any treatment, including the treatment referred to in the report of Dr Samuels.
(6) The offender is disqualified from holding or obtaining a driver’s licence for a period of 3 years commencing on the date of his conviction. I note that s 206B of the Road Transport Act 2013 applies in relation to the offender’s disqualification period.

Catchwords:
CRIME – sentence - drive manner dangerous causing death – driver of public bus – collision with pedestrian at intersection - assessment of moral culpability from manner of driving – victim impact statements – remorse – contrition – psychiatric disability – consideration of intensive correction order

Legislation Cited:
Crime (Sentencing Procedure) Act 1999, ss 3A, 7(1), 66
Crimes Act 1900, ss 52A(1)(c)
Road Transport Act 2013, s 206B

Cases Cited:
Duncan v R [2012] NSWCCA 78
R v McKeown [2013] NSWDC 22
R v Smith [2016] NSWCCA 75
R v Whyte (2002) 55 NSWLR 252
R v Wran [2016] NSWSC 1015
Stanley v Director of Public Prosecutions (NSW) [2023] HCA 3

Category: Sentence
Parties: Rex
Samuel Griffiths
Representation:
Counsel:
Ms N Keay (Crown)
Mr P Kondich (Offender)
Solicitors:
Director of Public Prosecutions NSW (DPP) (Crown)
Lambert Legal (Offender)

File Number(s): 2022/00187273

Judgment

The offender is to be sentenced with respect to one offence of dangerous driving occasioning death – drive manner dangerous contrary to s 52A(1)(c) of the Crimes Act 1900. The maximum penalty is 10 years imprisonment with no standard non-parole period. The maximum penalty for the offence acts as a sentencing guidepost or reference point.
Admitted on behalf of the Crown were the following:

Ex C1 – Notice of committal

Ex C2 – Indictment

Ex C3 – Section 166 certificate

Ex C4 – Agreed facts

Ex C5 – Criminal history

Ex C6 – Traffic record

Ex C7 – CCTV compilation

Ex C8 – Sentencing assessment report

Ex C9 – Victim impact statements of Ms Woodward and Ms Litwiniec

Admitted…

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 Griffiths

Details

AGLC: R v Griffiths [2024] NSWDC 605
Case: [2024] NSWDC 605
Decision Date: 17 December 2024

CaseChat Overview and Summary

The matter before the court involved a conviction of dangerous driving causing death, where the defendant, Griffiths, was the driver of a public bus that collided with a pedestrian at an intersection. The court had to decide on the appropriate sentence, taking into account various mitigating and aggravating factors. Among the mitigating factors were the offender’s psychiatric disability, expressed remorse, and contrition. Aggravating factors included the manner of driving which was deemed dangerous and the impact on the victim’s family as detailed in victim impact statements.

The court considered the moral culpability arising from the manner of driving, the offender's lack of previous convictions, and the potential for rehabilitation through an intensive correction order. The court also evaluated the offender's psychiatric disability, which might have influenced the dangerous driving, and the expressed remorse and contrition, which were seen as positive indicators of rehabilitation potential. The victim impact statements highlighted the profound impact on the family and friends of the deceased, underscoring the gravity of the offence.

After weighing the various factors, the court concluded that the appropriate sentence was two years imprisonment, to be served through an intensive correction order. This order included conditions such as performing 450 hours of community service, complying with medical treatment, and a disqualification from holding or obtaining a driver’s licence for three years. The court aimed to balance punishment, deterrence, and rehabilitation, considering the offender’s potential for change and the need to protect the community.

Orders

Orders of the court

(1) The offender is convicted.

(2) The offender is sentenced to a term of two years imprisonment.

(3) Pursuant to 7(1) of the Crimes (Sentencing Procedure) Act 1999, the sentence imposed is to be served by way of an intensive correction order. The sentence will commence today, 17 December 2024.

(4) The standard conditions that apply during the term of the order are that the offender:

(a) Must not commit any offence; and

(b) Must submit to supervision by a community corrections officer at the Wollongong Community Corrections office and is to attend this office within 7 days to facilitate this condition.

(5) The following additional conditions apply:

(a) The offender is to perform 450 hours of community service work; and

(b) The offender is to comply with any reasonable directions of his general practitioner and any treating psychiatrist, with respect to any treatment, including the treatment referred to in the report of Dr Samuels.

(6) The offender is disqualified from holding or obtaining a driver’s licence for a period of 3 years commencing on the date of his conviction. I note that s 206B of the Road Transport Act 2013 applies in relation to the offender’s disqualification period.

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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Medium Neutral Citation:	R v Griffiths [2024] NSWDC 605
Hearing dates:	17 December 2024
Date of orders:	17 December 2024
Decision date:	17 December 2024
Jurisdiction:	Criminal
Before:	Fitzsimmons SC DCJ
Decision:	(1) The offender is convicted. (2) The offender is sentenced to a term of two years imprisonment. (3) Pursuant to 7(1) of the Crimes (Sentencing Procedure) Act 1999, the sentence imposed is to be served by way of an intensive correction order. The sentence will commence today, 17 December 2024. (4) The standard conditions that apply during the term of the order are that the offender: (a) Must not commit any offence; and (b) Must submit to supervision by a community corrections officer at the Wollongong Community Corrections office and is to attend this office within 7 days to facilitate this condition. (5) The following additional conditions apply: (a) The offender is to perform 450 hours of community service work; and (b) The offender is to comply with any reasonable directions of his general practitioner and any treating psychiatrist, with respect to any treatment, including the treatment referred to in the report of Dr Samuels. (6) The offender is disqualified from holding or obtaining a driver’s licence for a period of 3 years commencing on the date of his conviction. I note that s 206B of the Road Transport Act 2013 applies in relation to the offender’s disqualification period.
Catchwords:	CRIME – sentence - drive manner dangerous causing death – driver of public bus – collision with pedestrian at intersection - assessment of moral culpability from manner of driving – victim impact statements – remorse – contrition – psychiatric disability – consideration of intensive correction order
Legislation Cited:	Crime (Sentencing Procedure) Act 1999, ss 3A, 7(1), 66 Crimes Act 1900, ss 52A(1)(c) Road Transport Act 2013, s 206B
Cases Cited:	Duncan v R [2012] NSWCCA 78 R v McKeown [2013] NSWDC 22 R v Smith [2016] NSWCCA 75 R v Whyte (2002) 55 NSWLR 252 R v Wran [2016] NSWSC 1015 Stanley v Director of Public Prosecutions (NSW) [2023] HCA 3
Category:	Sentence
Parties:	Rex Samuel Griffiths
Representation:	Counsel: Ms N Keay (Crown) Mr P Kondich (Offender) Solicitors: Director of Public Prosecutions NSW (DPP) (Crown) Lambert Legal (Offender)
File Number(s):	2022/00187273