R v Jarryd Hyde aka Jarryd Rayward

Case [2012] NSWDC 93


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

  1. 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…

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Details
AGLC
R v Jarryd Hyde aka Jarryd Rayward [2012] NSWDC 93
Case
[2012] NSWDC 93
Decision Date

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

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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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