Legal Research
Cases
R v Jarryd Hyde aka Jarryd Rayward

R v Jarryd Hyde aka Jarryd Rayward

Case [2012] NSWDC 93 29 June 2012

Manslaughter

Aggravated Dangerous Driving

Driving While Disqualified

Type to search within this case.

District Court

New South Wales

Medium Neutral Citation: R v Jarryd HYDE aka Jarryd RAYWARD [2012] NSWDC 93
Hearing dates: 11 May 2012, 22 June 2012
Decision date: 29 June 2012
Jurisdiction: Criminal
Before: Judge Haesler SC
Decision:
Aggregate sentence of 11 years 3 months with an aggregate non-parole period of 7 years 3 months to commence on 2 January 2011 and expire on 1 April 2018. Parole period of 4 years to commence on 2 April 2018 and expire on 1 April 2022.
Indicated Sentences:
Manslaughter, taking into account the matters on the Form 1 - 10 years 6 months.
Aggravated dangerous driving causing grievous bodily harm, taking into account the matters on the Form 1 - 3 years 4 months.
Furious driving occasioning bodily harm - 1 year 3 months.
Drive Disqualified ( s 166 Criminal Procedures Act) - fixed term sentence of 6 months to commence 2 December 2010.
Driving Licence Disqualification - automatic period.

Catchwords: CRIMINAL LAW - Manslaughter - Aggravated dangerous driving occasioning grievous bodily harm (escape pursuit) - Drive furiously occasioning actual bodily harm - Driving while disqualified - Consideration of motor/manslaughter sentences- Aggregate Sentence
Legislation Cited: Crimes Act 1900
Criminal Procedure Act 1986
Road Transport (Driver Licensing) Act 1998
Road Transport (General) Act 2005
Crimes (Sentencing Procedures) Act 1999
Cases Cited: Attorney General's Application under s37 Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518, at [42]
R v Borkowski [2009] NSWCCA 102 ; (2009) 195 A Crim R 1
Bombardieri v R [2010] NSWCCA 161; (2010) 203 A Crim R 89
Bugmy v The Queen [1990] HCA 18; (1990) 169 CLR 525 at 531-532
R v Cameron [2005] NSWCCA 359; (2005) 157 A Crim R 70
Duncan v R [2012] NSWCCA 78.
R v DW [2012] NSWCCA 66 at [35] and [79].
Eedens v R [2009] NSWCCA 254 at [19
Hili v The Queen; Jones v The Queen [2010] HCA 45; (2010) 242 CLR 520.
Jackson v R [2010] NSWCCA 162 at [24].
R v M.A.K., R v M.S.K. [2006] NSWCCA 381
R v Millwood [2012] NSWCCA 2 at [69].
R v Oliver (1980) 7A Crim R 174 at 177 cited with approval by Beagle JA in Bombardieri at [16].
Postiglione v The Queen [1997[ HCA 26; (1997) 189 CLR 295 at 307 & 308.
Pearce v The Queen [1988 HCA 57; (1998) 194 CLR 610 at [40]:
Weininger v The Queen [2003] HCA 14; (2003) 212 CLR 629 at [24]
Whyte (Dale Shane) [2002] NSWCCA 343 (20-Aug-2002; (2002) 55 NSWLR 252
Category: Sentence
Parties: Regina (Crown)
Jarryd HYDE aka Jarryd RAYWARD (Offender)
Representation: C Smith - Offender
D Brown, Office of Director Public Prosecutions - Crown

File Number(s): 2010/415941; 2010/402084; 2011/116841

SENTENCE Judgment

Introduction

Mr John Ferella died on 2 December 2010. When he left his home that day for a job interview, he was not to know that he would miss his son's wedding and loose forever, his joy…

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 Jarryd Hyde aka Jarryd Rayward

Details

AGLC: R v Jarryd Hyde aka Jarryd Rayward [2012] NSWDC 93
Case: [2012] NSWDC 93
Decision Date: 29 June 2012

CaseChat Overview and Summary

In the Supreme Court of Queensland, the case of R v Jarryd Hyde, also known as Jarryd Rayward, was heard, involving a dispute centred around severe driving offences resulting in grievous bodily harm. The defendant was charged with manslaughter, aggravated dangerous driving causing grievous bodily harm, driving while disqualified, and driving in a furious manner causing bodily harm. The court had to determine the appropriate aggregate sentence considering the nature and severity of the offences.

The primary legal issues before the court were the appropriate sentencing for the defendant's actions. This included deciding on the appropriate sentences for each charge and then determining the aggregate sentence that would be imposed, taking into account the necessity to protect the community and the principles of sentencing for such serious offences. The court had to consider the cumulative impact of the defendant's actions and ensure that the sentence reflected the seriousness of the offences.

In its judgment, the court meticulously reviewed the nature of the offences, the circumstances surrounding them, and the relevant statutory provisions. It was noted that the defendant had a history of driving offences and had been disqualified from driving at the time of the incident. The court emphasised the need for a significant sentence to deter the defendant and others from engaging in similar conduct. After careful deliberation, the court determined that the appropriate aggregate sentence was 11 years and 3 months with a non-parole period of 7 years and 3 months, ensuring adequate deterrence and community protection.

The court also outlined specific sentences for each charge, resulting in an indicated sentence of 10 years and 6 months for manslaughter, 3 years and 4 months for aggravated dangerous driving causing grievous bodily harm, 1 year and 3 months for furious driving occasioning bodily harm, and a fixed term sentence of 6 months for driving while disqualified. The court ordered a driving disqualification period in line with the statutory requirements.

Orders

Orders of the court

Aggregate sentence of 11 years 3 months with an aggregate non-parole period of 7 years 3 months to commence on 2 January 2011 and expire on 1 April 2018. Parole period of 4 years to commence on 2 April 2018 and expire on 1 April 2022.

Indicated Sentences:

Manslaughter, taking into account the matters on the Form 1 - 10 years 6 months.

Aggravated dangerous driving causing grievous bodily harm, taking into account the matters on the Form 1 - 3 years 4 months.

Furious driving occasioning bodily harm - 1 year 3 months.

Drive Disqualified ( s 166 Criminal Procedures Act) - fixed term sentence of 6 months to commence 2 December 2010.

Driving Licence Disqualification - automatic period.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Citations

AGLC Citation

R v Jarryd Hyde aka Jarryd Rayward [2012] NSWDC 93

Cases citing this decision · 0 of 0 shown

No citing cases yet.

Cases cited in this decision · 17 of 17 shown

Duncan v R
[2012] NSWCCA 78 Para 1

…o a number of other cases, including R v Borkowski [2009] NSWCCA 102, Bombardieri v R [2010] NSWCCA 161, R v Cameron [2005] NSWCCA 359 and Duncan v R [2012] NSWCCA 78.…
R v DW
[2012] NSWCCA 66 Para 1

…e to an extent that were I, in structuring the sentence, to allow a discrete period solely for the breach, there would be double counting: see R v DW [2012] NSWCCA 66 at [35] and [79].…
R v Millwood
[2012] NSWCCA 2 Para 1

…al childhood to these conclusions. It meant that he had, and still now has, fewer emotional resources to guide him than most people: see R v Millwood [2012] NSWCCA 2 at [69].…
Hili v The Queen
[2010] HCA 45

…R [2012] NSWCCA 78. R v DW [2012] NSWCCA 66 at [35] and [79]. Eedens v R [2009] NSWCCA 254 at [19 Hili v The Queen; Jones v The Queen [2010] HCA 45; (2010) 242 CLR 520. Jackson v R [2010] NSWCCA 162 at [24]. R v M.A.K., R v M.S.K. [2006] NSWCCA 381 R v Millwood [2012] NSWCCA 2 at [69]. R v Oliver (1980) 7A Crim R 17…
Jackson v R
[2010] NSWCCA 162 Para 24

…2] NSWCCA 66 at [35] and [79]. Eedens v R [2009] NSWCCA 254 at [19 Hili v The Queen; Jones v The Queen [2010] HCA 45; (2010) 242 CLR 520. Jackson v R [2010] NSWCCA 162 at [24]. R v M.A.K., R v M.S.K. [2006] NSWCCA 381 R v Millwood [2012] NSWCCA 2 at [69]. R v Oliver (1980) 7A Crim R 174 at 177 cited with approval by…
Bombardieri v R
[2010] NSWCCA 161 Para 1

…The Crown and Defence, in submissions, drew my attention to a number of other cases, including R v Borkowski [2009] NSWCCA 102, Bombardieri v R [2010] NSWCCA 161, R v Cameron [2005] NSWCCA 359 and Duncan v R [2012] NSWCCA 78.…
Eedens v R
[2009] NSWCCA 254 Para 1

…f Form 1 matters, a Judge does simply not replicate the sentence that would have been imposed had the matters been charged separately: see Eedens v R [2009] NSWCCA 254 at [19].…
R v Robert Borkowski
[2009] NSWCCA 102 Para 1

…The Crown and Defence, in submissions, drew my attention to a number of other cases, including R v Borkowski [2009] NSWCCA 102, Bombardieri v R [2010] NSWCCA 161, R v Cameron [2005] NSWCCA 359 and Duncan v R [2012] NSWCCA 78.…
R v MAK
[2006] NSWCCA 381 Para 24

…SWCCA 254 at [19 Hili v The Queen; Jones v The Queen [2010] HCA 45; (2010) 242 CLR 520. Jackson v R [2010] NSWCCA 162 at [24]. R v M.A.K., R v M.S.K. [2006] NSWCCA 381 R v Millwood [2012] NSWCCA 2 at [69]. R v Oliver (1980) 7A Crim R 174 at 177 cited with approval by Beagle JA in Bombardieri at [16]. Postiglione v T…
R v Whyte
[2006] NSWCCA 75 Para 1

…The Court of Criminal Appeal in Whyte (2002) 55 NSWLR 252, formulated sentencing guidelines for serious driving offences whose maximum penalties range from 10 to 14 years such as the second charge here. An offence of manslaughter, with its much higher maximum generally involves, as here, crimes of greater culpability,…
R v Cameron
[2005] NSWCCA 359 Para 1

…submissions, drew my attention to a number of other cases, including R v Borkowski [2009] NSWCCA 102, Bombardieri v R [2010] NSWCCA 161, R v Cameron [2005] NSWCCA 359 and Duncan v R [2012] NSWCCA 78.…
Weininger v The Queen
[2003] HCA 14 Para 1

…d behaviour and the consequences of his crimes. Courts must attempt to translate all such matters into units of punishment: see Weininger v The Queen [2003] HCA 14; (2003) 212 CLR 629 at [24]. When all relevant matters are considered the sentence imposed must be proportionate to the gravity of the crime and not…
Re Attorney-General's Application (No 1 of 2002) (NSW)
[2002] NSWCCA 518 Para 1

…wise be imposed. In the guideline judgment on this topic Attorney General's Application under s37 Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518, the Chief Judge said, at [42], a court could do so by giving greater weight to the need for personal deterrence and the community's entitlement to e…
R v Whyte
[2002] NSWCCA 343 Para 24

…308. Pearce v The Queen [1988 HCA 57; (1998) 194 CLR 610 at [40]: Weininger v The Queen [2003] HCA 14; (2003) 212 CLR 629 at [24] Whyte (Dale Shane) [2002] NSWCCA 343 (20-Aug-2002; (2002) 55 NSWLR 252 Category: Sentence Parties: Regina (Crown) Jarryd HYDE aka Jarryd RAYWARD (Offender) Representation: C Smith - Offe…
Pearce v The Queen
[1998] HCA 57

…st be taken not to double count matters of aggravation or mitigation or to the extent to which offences contain common elements, to punish twice: see Pearce v The Queen (1998) 194 CLR 610 at [40].…
Postiglione v the Queen
[1997] HCA 26

…CCA 2 at [69]. R v Oliver (1980) 7A Crim R 174 at 177 cited with approval by Beagle JA in Bombardieri at [16]. Postiglione v The Queen [1997[ HCA 26; (1997) 189 CLR 295 at 307 & 308. Pearce v The Queen [1988 HCA 57; (1998) 194 CLR 610 at [40]: Weininger v The Queen [2003] HCA 14; (2003) 212 CLR 629 at [24] Whyte (Dal…
Bugmy v The Queen
[1990] HCA 18

…WCCA 518, at [42] R v Borkowski [2009] NSWCCA 102 ; (2009) 195 A Crim R 1 Bombardieri v R [2010] NSWCCA 161; (2010) 203 A Crim R 89 Bugmy v The Queen [1990] HCA 18; (1990) 169 CLR 525 at 531-532 R v Cameron [2005] NSWCCA 359; (2005) 157 A Crim R 70 Duncan v R [2012] NSWCCA 78. R v DW [2012] NSWCCA 66 at [35] and…

Legislation cited in this decision · 6

Crimes (Sentencing Procedure) Act 1999 (NSW)
1 mention (from Para 1)
Crimes (Sentencing Procedures) Act 1999 (NSW)
1 mention
Crimes Act 1900 (ACT)
1 mention
Criminal Procedure Act 1986 (NSW)
1 mention (from Para 1)
Road Transport (Driver Licensing) Act 1998 (NSW)
1 mention (from Para 1)
Road Transport (General) Act 2005 (NSW)
1 mention (from Para 1)

Medium Neutral Citation:	R v Jarryd HYDE aka Jarryd RAYWARD [2012] NSWDC 93
Hearing dates:	11 May 2012, 22 June 2012
Decision date:	29 June 2012
Jurisdiction:	Criminal
Before:	Judge Haesler SC
Decision:	Aggregate sentence of 11 years 3 months with an aggregate non-parole period of 7 years 3 months to commence on 2 January 2011 and expire on 1 April 2018. Parole period of 4 years to commence on 2 April 2018 and expire on 1 April 2022. Indicated Sentences: Manslaughter, taking into account the matters on the Form 1 - 10 years 6 months. Aggravated dangerous driving causing grievous bodily harm, taking into account the matters on the Form 1 - 3 years 4 months. Furious driving occasioning bodily harm - 1 year 3 months. Drive Disqualified ( s 166 Criminal Procedures Act) - fixed term sentence of 6 months to commence 2 December 2010. Driving Licence Disqualification - automatic period.
Catchwords:	CRIMINAL LAW - Manslaughter - Aggravated dangerous driving occasioning grievous bodily harm (escape pursuit) - Drive furiously occasioning actual bodily harm - Driving while disqualified - Consideration of motor/manslaughter sentences- Aggregate Sentence
Legislation Cited:	Crimes Act 1900 Criminal Procedure Act 1986 Road Transport (Driver Licensing) Act 1998 Road Transport (General) Act 2005 Crimes (Sentencing Procedures) Act 1999
Cases Cited:	Attorney General's Application under s37 Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518, at [42] R v Borkowski [2009] NSWCCA 102 ; (2009) 195 A Crim R 1 Bombardieri v R [2010] NSWCCA 161; (2010) 203 A Crim R 89 Bugmy v The Queen [1990] HCA 18; (1990) 169 CLR 525 at 531-532 R v Cameron [2005] NSWCCA 359; (2005) 157 A Crim R 70 Duncan v R [2012] NSWCCA 78. R v DW [2012] NSWCCA 66 at [35] and [79]. Eedens v R [2009] NSWCCA 254 at [19 Hili v The Queen; Jones v The Queen [2010] HCA 45; (2010) 242 CLR 520. Jackson v R [2010] NSWCCA 162 at [24]. R v M.A.K., R v M.S.K. [2006] NSWCCA 381 R v Millwood [2012] NSWCCA 2 at [69]. R v Oliver (1980) 7A Crim R 174 at 177 cited with approval by Beagle JA in Bombardieri at [16]. Postiglione v The Queen [1997[ HCA 26; (1997) 189 CLR 295 at 307 & 308. Pearce v The Queen [1988 HCA 57; (1998) 194 CLR 610 at [40]: Weininger v The Queen [2003] HCA 14; (2003) 212 CLR 629 at [24] Whyte (Dale Shane) [2002] NSWCCA 343 (20-Aug-2002; (2002) 55 NSWLR 252
Category:	Sentence
Parties:	Regina (Crown) Jarryd HYDE aka Jarryd RAYWARD (Offender)
Representation:	C Smith - Offender D Brown, Office of Director Public Prosecutions - Crown
File Number(s):	2010/415941; 2010/402084; 2011/116841