JUDGE:	Croucher J
WHERE HELD:	Melbourne
DATES OF HEARING:	6 October 2021 (sentence indication) 16 November 2021 (plea in mitigation)
DATE OF SENTENCE:	16 November 2021
DATE OF PUBLICATION OF REASONS:	26 November 2021
CASE MAY BE CITED AS:	R v Hackett
MEDIUM NEUTRAL CITATION:	[2021] VSC 773

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CRIMINAL LAW — Sentence following sentence indication hearing — Dangerous driving causing death — Where car on freeway braked suddenly because of banking of traffic ahead — Where truck driven by accused within speed limit crashed into rear of car, causing death of driver — Whether “looming effect” operative on accused — Whether accused took evasive action by braking and steering to right — Whether momentary inattention by accused — Where absence of common aggravating factors — Whether low moral culpability — Whether offence at lower end of spectrum of gravity — Plea of guilty — Remorse — Delay (three years and six months between offence and sentence) — Prior good character — Limited history of driving offences or infringements — Excellent prospects of rehabilitation — Whether extra-curial punishment in accused’s inability to work for a few months and self-imposed change of job and associated drop in income — Current sentencing practices — Whether, notwithstanding grave victim impact and importance of general deterrence, non-custodial sentence open — Significance of rehabilitation — Denunciation, just punishment, community protection and specific deterrence of modest significance — Parsimony — Sentenced to community correction order for 20 months, with conviction — Additional conditions requiring unpaid community work and completion of Road Trauma Awareness Seminar — Mandatory cancellation of driver’s licence — Disqualified from obtaining another licence for 20 months — Crimes Act 1958 (Vic), s 319(1); Criminal Procedure Act 2009 (Vic), ss 207-209; Sentencing Act 1991 (Vic), ss 5, 6, 6AAA, 36, 48C, 48D, 87P & 89.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Ms R Harper	Solicitor for Public Prosecutions
For the Accused	Mr M Thomas	Furstenberg Law

HIS HONOUR:

OVERVIEW

Just before midday on 15 May 2018, while heading towards Melbourne on the Princes Freeway at Officer, Daniel Hackett crashed the garbage truck he was driving into the rear of a small car driven by John Styles.

Tragically, the injuries Mr Styles sustained in the collision were not survivable and he died six days later. Naturally, Mr Styles’ family are devastated.

Mr Hackett, for his part, must live with the fact that his driving caused these terrible consequences. A reflection of that acceptance is that, despite an arguable defence, Mr Hackett pleaded guilty to a charge of dangerous driving causing the death of Mr Styles following a favourable sentence indication.

Usually, this offence will attract a sentence of imprisonment. Inevitably, victim impact is grave, and general deterrence is almost always the dominant sentencing purpose. But there are cases in which, despite these considerations, it is necessary and appropriate…

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 Hackett

Details

AGLC: R v Hackett [2021] VSC 773
Case: [2021] VSC 773
Decision Date: 16 November 2021

CaseChat Overview and Summary

The case of R v Hackett was heard in the County Court of Victoria. The defendant, Hackett, pleaded guilty to dangerous driving causing death. The incident occurred on a freeway, where Hackett's truck collided with the rear of a car, resulting in the death of the car's driver. The central issue for the court was to determine the appropriate sentence for Hackett, considering factors such as the circumstances of the offence, Hackett's remorse, and his prospects for rehabilitation.

The court considered whether the "looming effect" was applicable, given the banking of traffic ahead, and whether Hackett had taken evasive action by braking and steering to the right. The court also assessed whether Hackett's momentary inattention contributed to the accident. It was noted that Hackett was driving within the speed limit and that there were no common aggravating factors, suggesting a lower level of moral culpability. The court concluded that the offence was at the lower end of the spectrum of gravity. Hackett's guilty plea, remorse, and prior good character were taken into account, along with the three-year delay between the offence and the sentencing hearing. The court also considered Hackett's limited history of driving offences, excellent prospects for rehabilitation, and the extra-curial punishment he had already endured, including job loss and a drop in income.

The court determined that a non-custodial sentence was appropriate, given the grave impact on the victim and the importance of general deterrence, but balanced against the significance of rehabilitation. The denuncitory, just punishment, community protection, and specific deterrence aspects of sentencing were deemed to have modest significance. Ultimately, Hackett was sentenced to a 20-month community correction order, with conditions including unpaid community work and completion of a Road Trauma Awareness Seminar. His driver's licence was mandatorily cancelled and he was disqualified from obtaining another licence for 20 months. The sentence was imposed in accordance with the relevant sections of the Crimes Act 1958 (Vic), Criminal Procedure Act 2009 (Vic), and Sentencing Act 1991 (Vic).

Orders