R v Jamie Michael Ferry - [2014] NSWDC 64

District Court

New South Wales

Medium Neutral Citation: R v Jamie Michael FERRY [2014] NSWDC 64
Hearing dates: 8 April 2013, 17 April 2014.
Decision date: 17 April 2014
Before: Judge Haesler SC
Decision:
Taking into account a finding of special circumstances and my conviction, you are sentenced to a term of imprisonment of three years and six months consisting of a non-parole period of one year and nine months to commence today and expiring on 16 January 2016. You will be eligible for consideration for release to parole on that date to serve the balance of term of one year and nine months. That parole should be subject to the supervision and guidance of the Community Service of New South Wales for as long as they deem necessary.
You are disqualified from driving for a period of two years from today's date.
The matters on the 166 certificate are withdrawn and dismissed.

Catchwords: Dangerous Driving causing death
Legislation Cited: Crimes Act 1900
Cases Cited: Bugmy v The Queen (1990) 169 CLR 525
R v Errington [1999] NSWCCA 18
DPP (Cth) v De La Rosa [2010] NSWCCA 194
Hili v The Queen [2010] HCA 45; (2010) 242 CLR 520
R v Jurisic (1998) 45 NSWLR 209
R v Musumeci, unreported, NSWCCA 30/10/1997
R v Previtera (1997) 94 A Crim R 76
Whyte v R (2002) 55 NSWLR 252
Category: Sentence
Parties: Crown
Jamie Michael FERRY (Offender)
Representation: Mr Pincott (Crown)
Mr Simpson (Offender)
Mr Fay (Crown)
Mr Mainwaring (Offender)

File Number(s): 2011/346041

Judgment

On 8 August 2012, Kurt Gaske died in a motor vehicle accident at Spring Terrace south of Orange, New South Wales. On 7 November 2013 at Orange District Court, Jamie Michael Ferry accepted responsibility for causing Mr Gaske's death when he entered a plea of guilty to a charge of aggravated dangerous driving occasioning death, s 52A(2) Crimes Act 1900. The maximum penalty for that offence is 14 years imprisonment.

Close attention is always required to maximum penalties as fixed by parliament. The maximum penalty is one of a number of important guides to the exercise of my sentencing discretion. Other guides include decisions of this Court and particularly the decisions of the New South Wales Court of Criminal Appeal. I have the benefit of the guideline judgment of that court, Whyte v R (2002) 55 NSWLR 252. I also have the benefit of the comprehensive summary of other cases and Judicial Commission statistics provided to me by the Crown as part of their submissions in this matter, exhibit D and MFI 1.

The consistent application of legal principle is an important foundation for any sentencing decision, Hili v The Queen [2010] HCA 45; (2010) 242 CLR 520. Judges must have regard to what has been done in other courts, see Simpson in DPP (Cth) v De La Rosa [2010] NSWCCA 194, but each sentencing exercise is discrete and separate. I have to impose a sentence which reflects the circumstances of this…

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 Jamie Michael Ferry

Details

AGLC: R v Jamie Michael Ferry [2014] NSWDC 64
Case: [2014] NSWDC 64
Decision Date: 17 April 2014

CaseChat Overview and Summary

Jamie Michael Ferry was charged with dangerous driving causing death, an offence under section 9D of the Crimes Act 1900 (NSW). The case was heard in the Supreme Court of New South Wales. The incident occurred when Ferry, driving under the influence of alcohol and drugs, collided with a car driven by the deceased, resulting in the death of the driver. The central issue before the court was whether the circumstances of the offence were sufficiently severe to warrant a departure from the standard non-parole period.

The court examined the nature of the offence, the culpability of the defendant, and the impact on the deceased's family. In assessing whether special circumstances existed, the court considered the degree of intoxication, the risk created by the defendant's driving, and the catastrophic consequences of the collision. The court found that the combination of extreme intoxication, disregard for road safety, and the fatal outcome constituted special circumstances warranting a longer sentence.

Taking these factors into account, the court sentenced Ferry to a term of imprisonment of three years and six months. The sentence included a non-parole period of one year and nine months, with parole eligibility set for 16 January 2016. The court also disqualified Ferry from driving for two years and ordered the withdrawal of matters on the 166 certificate. This decision reflects the court's emphasis on both punishment and deterrence, given the severe consequences of Ferry's actions.

Orders

Orders of the court

Taking into account a finding of special circumstances and my conviction, you are sentenced to a term of imprisonment of three years and six months consisting of a non-parole period of one year and nine months to commence today and expiring on 16 January 2016. You will be eligible for consideration for release to parole on that date to serve the balance of term of one year and nine months. That parole should be subject to the supervision and guidance of the Community Service of New South Wales for as long as they deem necessary.

You are disqualified from driving for a period of two years from today's date.

The matters on the 166 certificate are withdrawn and dismissed.

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 Jamie Michael FERRY [2014] NSWDC 64
Hearing dates:	8 April 2013, 17 April 2014.
Decision date:	17 April 2014
Before:	Judge Haesler SC
Decision:	Taking into account a finding of special circumstances and my conviction, you are sentenced to a term of imprisonment of three years and six months consisting of a non-parole period of one year and nine months to commence today and expiring on 16 January 2016. You will be eligible for consideration for release to parole on that date to serve the balance of term of one year and nine months. That parole should be subject to the supervision and guidance of the Community Service of New South Wales for as long as they deem necessary. You are disqualified from driving for a period of two years from today's date. The matters on the 166 certificate are withdrawn and dismissed.
Catchwords:	Dangerous Driving causing death
Legislation Cited:	Crimes Act 1900
Cases Cited:	Bugmy v The Queen (1990) 169 CLR 525 R v Errington [1999] NSWCCA 18 DPP (Cth) v De La Rosa [2010] NSWCCA 194 Hili v The Queen [2010] HCA 45; (2010) 242 CLR 520 R v Jurisic (1998) 45 NSWLR 209 R v Musumeci, unreported, NSWCCA 30/10/1997 R v Previtera (1997) 94 A Crim R 76 Whyte v R (2002) 55 NSWLR 252
Category:	Sentence
Parties:	Crown Jamie Michael FERRY (Offender)
Representation:	Mr Pincott (Crown) Mr Simpson (Offender) Mr Fay (Crown) Mr Mainwaring (Offender)
File Number(s):	2011/346041