R v Hoskins - [2019] NSWDC 278

District Court

New South Wales

Medium Neutral Citation: R v Hoskins [2019] NSWDC 278
Hearing dates: 31 May 2019
Date of orders: 14 June 2019
Decision date: 14 June 2019
Jurisdiction: Civil
Before: Weber SC DCJ
Decision:
1 The offender is sentenced to a term of imprisonment of 3 years, with a non-parole period of 1 year and 6 months, with such term of imprisonment to commence on 7 September 2018.

2 The offender is disqualified from holding a drivers licence for:
(a) 12 months, in respect to the offence under section 52AB(1) of the Crimes Act 1900 (NSW); and
(b) 6 months, in respect to the offence under section 54(3)(a) of the Road Transport Act 2013 (NSW),
With such driving disqualification periods to operate concurrently.

Catchwords:
CRIME – Driving offences – Failure to stop and assist after vehicle impact causing death – where offender’s licence was suspended at time of offence – where offender drove through red light shortly after impact– where offender knew that victim had died – where no suggestion that offender’s driving played any part in causing the fatality
SENTENCING – where offence in the mid-range of objective seriousness – aggravating and mitigating factors – where offender unlikely to reoffend – where offender has good prospects of rehabilitation – where offender entered early guilty pleas – where imprisonment necessary – where lengthy periods of disqualification and pecuniary penalty not warranted –multiple offences – accumulation, concurrency and totality
Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW)
Crimes Act 1900 (NSW)
Road Rules 2014 (NSW)
Road Transport (Driver Licensing) Regulation 2017 (NSW)
Road Transport Act 2013 (NSW)
Cases Cited: Adam v R [2014] NSWCCA 265
R v Pullen [2018] NSWCCA 264
Category: Sentence
Parties: Regina (Crown)
Scott Hoskins (Offender)
Representation:
Counsel:
Mr K. Prince (Crown)
Solicitors:
Mr G. Morrison (Offender)

File Number(s): 2018/00275416
Publication restriction: Nil

Judgment

The offender comes before the Court having pleaded guilty to a charge of failing to stop and assist after a motor vehicle impact causing death, pursuant to section 52AB(1) of the Crimes Act 1900 (NSW) (the “Principal Offence”).
The maximum penalty for the offence is 10 years imprisonment. There is no standard non-parole period.
He is also charged with two further counts being:

proceeding through a red traffic light (section 59(1) Road Rules 2014 (NSW)); and

drive motor vehicle while licence is suspended (section 54(3)(a) Road Transport Act 2013 (NSW)).

The offender has also entered a plea of guilty to these offences.
The offences occurred on 6 September 2018. The plea was entered in the Local Court on 12 March 2019.
The fatal accident occurred on 6 September 2018. The offender presented himself to Police on the day following the accident, namely 7 September 2018. He was refused bail, and has been in custody since that time.

The Principal Offence

Section 52AB(1) is in the following terms:

(1) A person is guilty of an offence if:
(a) a vehicle being driven by the person is involved in an impact…

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 Hoskins

Details

AGLC: R v Hoskins [2019] NSWDC 278
Case: [2019] NSWDC 278
Decision Date: 14 June 2019

CaseChat Overview and Summary

The respondent, Hoskins, was charged with multiple offences arising from a car accident that resulted in the death of a pedestrian. Hoskins had a suspended driver's licence at the time of the incident. Following the collision, he did not stop to assist the victim and drove through a red light. It was established that Hoskins was aware the victim had died and that his driving was not a factor in causing the fatality. The case was heard in the Supreme Court of New South Wales.

The central legal issues in the case were the appropriate sentence for the multiple offences, the objective seriousness of the crime, and the consideration of various aggravating and mitigating factors. The court also had to determine the appropriate terms of imprisonment, disqualification from holding a driver's licence, and any pecuniary penalty. The court considered the offender's early guilty pleas, prospects of rehabilitation, and the need for imprisonment.

The court found that the offence was in the mid-range of objective seriousness. It acknowledged that the failure to stop and assist after a fatal vehicle impact was a serious matter. However, the court took into account the fact that Hoskins' driving did not contribute to the fatality, his early guilty pleas, and his good prospects for rehabilitation. The court determined that a lengthy period of disqualification from driving and a significant pecuniary penalty was not warranted. The court sentenced Hoskins to a term of imprisonment of three years with a non-parole period of one year and six months. Hoskins was also disqualified from holding a driver's licence for a total of 12 months, with the periods of disqualification to operate concurrently.

The court ordered that the term of imprisonment commence on 7 September 2018 and that the driving disqualification periods be served concurrently. This decision ensures that Hoskins faces appropriate consequences for his actions while also considering factors that may facilitate his rehabilitation and reintegration into society.

Orders

Orders of the court

1 The offender is sentenced to a term of imprisonment of 3 years, with a non-parole period of 1 year and 6 months, with such term of imprisonment to commence on 7 September 2018.

2 The offender is disqualified from holding a drivers licence for:

(a) 12 months, in respect to the offence under section 52AB(1) of the Crimes Act 1900 (NSW); and

(b) 6 months, in respect to the offence under section 54(3)(a) of the Road Transport Act 2013 (NSW),

With such driving disqualification periods to operate concurrently.

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 Hoskins [2019] NSWDC 278
Hearing dates:	31 May 2019
Date of orders:	14 June 2019
Decision date:	14 June 2019
Jurisdiction:	Civil
Before:	Weber SC DCJ
Decision:	1 The offender is sentenced to a term of imprisonment of 3 years, with a non-parole period of 1 year and 6 months, with such term of imprisonment to commence on 7 September 2018. 2 The offender is disqualified from holding a drivers licence for: (a) 12 months, in respect to the offence under section 52AB(1) of the Crimes Act 1900 (NSW); and (b) 6 months, in respect to the offence under section 54(3)(a) of the Road Transport Act 2013 (NSW), With such driving disqualification periods to operate concurrently.
Catchwords:	CRIME – Driving offences – Failure to stop and assist after vehicle impact causing death – where offender’s licence was suspended at time of offence – where offender drove through red light shortly after impact– where offender knew that victim had died – where no suggestion that offender’s driving played any part in causing the fatality SENTENCING – where offence in the mid-range of objective seriousness – aggravating and mitigating factors – where offender unlikely to reoffend – where offender has good prospects of rehabilitation – where offender entered early guilty pleas – where imprisonment necessary – where lengthy periods of disqualification and pecuniary penalty not warranted –multiple offences – accumulation, concurrency and totality
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Road Rules 2014 (NSW) Road Transport (Driver Licensing) Regulation 2017 (NSW) Road Transport Act 2013 (NSW)
Cases Cited:	Adam v R [2014] NSWCCA 265 R v Pullen [2018] NSWCCA 264
Category:	Sentence
Parties:	Regina (Crown) Scott Hoskins (Offender)
Representation:	Counsel: Mr K. Prince (Crown) Solicitors: Mr G. Morrison (Offender)
File Number(s):	2018/00275416
Publication restriction:	Nil