R v Haydon Charles Ready - [2021] NSWDC 341

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Haydon Charles Ready [2021] NSWDC 341
Hearing dates: 3 - 7 May 2021 (Trial)
5, 8 and 12 July 2021 (Sentence)
Crown written submissions – 30 June, 5 and 9 July 2021
Defence written submissions – 3 July 2021
Date of orders: 12 July 2021
Decision date: 12 July 2021
Jurisdiction: Criminal
Before: Hatzistergos AM DCJ
Decision:
Sequence 2 – 9 months imprisonment. Sentence stayed pending assessment for Intensive Correction Order with home detention condition
Sequence 4 – fined $300

Catchwords:
CRIMINAL LAW –– Negligent driving occasioning death (Sequence 2) – Public bus driven by the Offender collided with the deceased whilst conducting a right hand turn on green light – Offender failed to keep a proper lookout in circumstances where his view was impaired by a combination of environmental factors – Significance of the Offender driving heavy vehicle – Obligation to ensure appropriate response for any reason driving conditions were compromised –Offending found to be in mid-range of objective seriousness – Driving with illicit substances in blood (sequence 4) – small residual presence from earlier consumption – No impact on driving
SENTENCE –– No aggravating factors – Mitigating factors – Discount for early guilty plea where Crown did not accept Defence offer prior to trial – Remorse established – Reasonable prospects of rehabilitation

Legislation Cited:
Crimes (Sentencing Procedure Act) 1999 (NSW), ss 17C, 17D, 30E, 21A
Criminal Procedure Act 1986 (NSW), s 166
Road Transport Act 2013 (NSW), ss 111, 117

Cases Cited:
Bonsu v R [2009] NSWCCA 316
Director of Public Prosecutions (NSW) v Mansouri [2016] NSWLC 17
Director of Public Prosecutions (NSW) v Pelletier [2014] NSWLC 9
Director of Public Prosecutions v Markovski [2011] NSWLC 31
Director of Public Prosecutions v Victoria Bhandari [2011] NSWLC 7
Mitchell v R (2009) 52 MVR 488 at 491
R v Fageer [2017] NSWLC 18
R v Janceski [2005] NSWCCA 288

Category: Sentence
Parties: Regina (the Crown)
Haydon Charles Ready (the Offender)
Representation:
Counsel:
Mr C Evans (the Crown)
Mr P Allport (the Offender)
Solicitors:
Director of Public Prosecutions (the Crown)
Astoria Lawyers Pty Ltd (the Offender)

File Number(s): 2019/240832
Publication restriction: Nil

Judgment

Following a trial of five days duration, Haydon Charles Ready was found not guilty on 7 May 2021 of one charge that he did:

On 3 February 2019, at Carlingford in the State of New South Wales, did drive a motor vehicle namely, a public bus registered as [redacted], in a manner dangerous to other persons, whereby the vehicle was involved in an impact as a result of which the death of Alan William Cameron was occasioned.

Thereafter, the Crown proceeded on a back-up charge and a further related charge placed on a certificate pursuant to section 166(1)(b) of the Criminal Procedure Act 1986 (NSW) (the 1986 Act). The relevant charges were as follows:

On 3 February 2019, at Carlingford in the State of New South Wales, did negligently drive 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 Haydon Charles Ready

Details

AGLC: R v Haydon Charles Ready [2021] NSWDC 341
Case: [2021] NSWDC 341
Decision Date: 12 July 2021

CaseChat Overview and Summary

The appellant, Haydon Charles Ready, was convicted for negligent driving occasioning death and driving with illicit substances in blood. The incident occurred when Ready, as the driver of a public bus, collided with a pedestrian while making a right-hand turn on a green light. The deceased was killed in the collision. The court was required to determine the appropriate sentence for these offences, taking into account various legal considerations, including the circumstances of the collision, the role of illicit substances in the incident, and the potential for rehabilitation.

The court first considered the offence of negligent driving occasioning death, recognising that Ready's view was impaired by environmental factors, but emphasised the significance of driving a heavy vehicle, which necessitated a heightened obligation to ensure an appropriate response to compromised driving conditions. The court assessed the offending in the mid-range of objective seriousness. Regarding the driving with illicit substances in blood charge, the court noted the small residual presence of substances from earlier consumption, which did not impact Ready's driving ability. The court recognised mitigating factors, including a discount for the early guilty plea and evidence of remorse and reasonable prospects of rehabilitation.

In light of these considerations, the court sentenced Ready to nine months imprisonment for the negligent driving occasioning death charge, with the sentence stayed pending assessment for an Intensive Correction Order with a home detention condition. For the driving with illicit substances in blood charge, Ready was fined $300. The court's decision balanced the severity of the offences with the mitigating factors and potential for rehabilitation, aiming to provide a just outcome that also considered the broader implications for public safety and the individual circumstances of the offender.

Orders

Orders of the court

Sequence 2 – 9 months imprisonment. Sentence stayed pending assessment for Intensive Correction Order with home detention condition

Sequence 4 – fined $300

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 Haydon Charles Ready [2021] NSWDC 341
Hearing dates:	3 - 7 May 2021 (Trial) 5, 8 and 12 July 2021 (Sentence) Crown written submissions – 30 June, 5 and 9 July 2021 Defence written submissions – 3 July 2021
Date of orders:	12 July 2021
Decision date:	12 July 2021
Jurisdiction:	Criminal
Before:	Hatzistergos AM DCJ
Decision:	Sequence 2 – 9 months imprisonment. Sentence stayed pending assessment for Intensive Correction Order with home detention condition Sequence 4 – fined $300
Catchwords:	CRIMINAL LAW –– Negligent driving occasioning death (Sequence 2) – Public bus driven by the Offender collided with the deceased whilst conducting a right hand turn on green light – Offender failed to keep a proper lookout in circumstances where his view was impaired by a combination of environmental factors – Significance of the Offender driving heavy vehicle – Obligation to ensure appropriate response for any reason driving conditions were compromised –Offending found to be in mid-range of objective seriousness – Driving with illicit substances in blood (sequence 4) – small residual presence from earlier consumption – No impact on driving SENTENCE –– No aggravating factors – Mitigating factors – Discount for early guilty plea where Crown did not accept Defence offer prior to trial – Remorse established – Reasonable prospects of rehabilitation
Legislation Cited:	Crimes (Sentencing Procedure Act) 1999 (NSW), ss 17C, 17D, 30E, 21A Criminal Procedure Act 1986 (NSW), s 166 Road Transport Act 2013 (NSW), ss 111, 117
Cases Cited:	Bonsu v R [2009] NSWCCA 316 Director of Public Prosecutions (NSW) v Mansouri [2016] NSWLC 17 Director of Public Prosecutions (NSW) v Pelletier [2014] NSWLC 9 Director of Public Prosecutions v Markovski [2011] NSWLC 31 Director of Public Prosecutions v Victoria Bhandari [2011] NSWLC 7 Mitchell v R (2009) 52 MVR 488 at 491 R v Fageer [2017] NSWLC 18 R v Janceski [2005] NSWCCA 288
Category:	Sentence
Parties:	Regina (the Crown) Haydon Charles Ready (the Offender)
Representation:	Counsel: Mr C Evans (the Crown) Mr P Allport (the Offender) Solicitors: Director of Public Prosecutions (the Crown) Astoria Lawyers Pty Ltd (the Offender)
File Number(s):	2019/240832
Publication restriction:	Nil