R v Lindrea - [2024] NSWDC 148

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Lindrea [2024] NSWDC 148
Hearing dates: 09 February 2024
Date of orders: 09 February 2024
Decision date: 09 February 2024
Jurisdiction: Criminal
Before: Grant DCJ
Decision:
(1) The offender is convicted.
(2) The offender is sentenced to a term of imprisonment of two years, to be served by way of an Intensive Corrections Order. The conditions of that order are that he:
(a) not commit any offence,
(b) submit to the supervision of a Community Corrections Officer,
(c) undergo treatment and/or rehabilitation programs, and,
(d) report to Albury Community Corrections within 7 days of the date of this decision.
(3) The offender is disqualified from driving for a period of 12 months.

Catchwords:
CRIME – SENTENCE – Dangerous driving occasioning death – early guilty plea – offender sustains injury – finding of remorse – good prospects of rehabilitation – intensive corrections order

Legislation Cited:
Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases Cited:
Regina v Eaton [2023] NSWCCA 125
Regina v McNaughton (2006) 66 NSWLR 556
R v Pullen [2018] NSWCCA 264
R v Whyte (2002) 55 NSWLR 252
R v Zheng [2023] NSWCCA 64
Stanley v Director of Public Prosecutions [2023] HCA 3
Thai v Regina [2009] NSWCCA 314
The Queen v Balla [2021] NSWCCA 325

Texts Cited:
“Does Imprisonment Deter?” a review of the evidence, Sentence Advisory Council Victoria, April 2011

Category: Sentence
Parties: Rex (Crown)
Scott Lindrea (Offender)
File Number(s): 2022/00380476

JUDGMENT

INTRODUCTION

On 10 October 2023 Mr Lindrea entered a plea of guilty before the Albury Local Court to dangerous driving occasioning death contrary to s 52A(1)(c) of the Crimes Act 1900. The maximum penalty for this offence is 10 years’ imprisonment and an automatic licence disqualification of 3 years or 12 months minimum.

VALUE OF THE PLEA

Mr Lindrea pleaded guilty at the earliest opportunity and was committed for sentence on 10 October 2023. He is entitled to a 25% discount upon his sentence for the utilitarian value of his plea.

VICTIM IMPACT STATEMENTS

Vincent Gooden was the victim of this offence. Annabella Armstrong, his wife, James Gooden, his father, and Lilly Gooden, his sister, with great courage and under difficult circumstances spoke of Vincent. Vincent was a decent, hard-working man. He was the confidante and companion of his wife who will forever mourn his loss. His father has had to come out of retirement and take up running the farm.
Vincent Gooden was a community-minded man, whether it be fighting fires, organising races, balls or the donation of hay to help others in tough circumstances, he was simply the best. He was selfless, kind and genuine. Grief will not stop after today. Whatever sentence I impose cannot restore those who have been touched by him to their original position.

FACTS

At tab 1 of Exhibit 1 is a 22-paragraph statement of agreed facts with photographs. I summarise those facts and hope that I do justice to them.
The…

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 Lindrea

Details

AGLC: R v Lindrea [2024] NSWDC 148
Case: [2024] NSWDC 148
Decision Date: 09 February 2024

CaseChat Overview and Summary

The case of R v Lindrea involved an individual charged with dangerous driving occasioning death, following an incident that resulted in the death of another person. The matter was heard in the Supreme Court of New South Wales. The defendant, Lindrea, had entered an early guilty plea to the charge, which was a significant factor in the court's sentencing deliberations. Additionally, Lindrea had sustained injuries during the incident, which was considered during the sentencing process. The court was tasked with determining an appropriate sentence that balanced the severity of the offence with the mitigating factors present.

The primary legal issues before the court included the appropriate sentence for dangerous driving occasioning death, the impact of the early guilty plea, the defendant's injuries, the presence of remorse, and the prospects of rehabilitation. The court had to weigh these factors in light of the statutory guidelines and the need to serve both punitive and rehabilitative justice. The defendant's early guilty plea and the mitigating circumstances, such as his remorse and prospects for rehabilitation, were central to the court's considerations.

The court found that despite the gravity of the offence, the mitigating factors warranted a sentence that allowed for rehabilitation rather than immediate imprisonment. The early guilty plea, the defendant's expressed remorse, and his prospects of rehabilitation were significant in the court's decision. Consequently, the court sentenced Lindrea to a term of imprisonment of two years, to be served by way of an Intensive Corrections Order. This order included conditions such as refraining from committing any further offences, submitting to supervision, undergoing treatment and/or rehabilitation programs, and reporting to community corrections within a specified period. Additionally, Lindrea was disqualified from driving for a period of 12 months.

The final orders of the court mandated that Lindrea be convicted and sentenced as per the Intensive Corrections Order. Furthermore, he was to be disqualified from driving for 12 months, reflecting the seriousness of the offence while also considering the rehabilitative potential.

Orders

Orders of the court

(1) The offender is convicted.

(2) The offender is sentenced to a term of imprisonment of two years, to be served by way of an Intensive Corrections Order. The conditions of that order are that he:

(a) not commit any offence,

(b) submit to the supervision of a Community Corrections Officer,

(d) report to Albury Community Corrections within 7 days of the date of this decision.

(3) The offender is disqualified from driving for a period of 12 months.

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 Lindrea [2024] NSWDC 148
Hearing dates:	09 February 2024
Date of orders:	09 February 2024
Decision date:	09 February 2024
Jurisdiction:	Criminal
Before:	Grant DCJ
Decision:	(1) The offender is convicted. (2) The offender is sentenced to a term of imprisonment of two years, to be served by way of an Intensive Corrections Order. The conditions of that order are that he: (a) not commit any offence, (b) submit to the supervision of a Community Corrections Officer, (c) undergo treatment and/or rehabilitation programs, and, (d) report to Albury Community Corrections within 7 days of the date of this decision. (3) The offender is disqualified from driving for a period of 12 months.
Catchwords:	CRIME – SENTENCE – Dangerous driving occasioning death – early guilty plea – offender sustains injury – finding of remorse – good prospects of rehabilitation – intensive corrections order
Legislation Cited:	Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited:	Regina v Eaton [2023] NSWCCA 125 Regina v McNaughton (2006) 66 NSWLR 556 R v Pullen [2018] NSWCCA 264 R v Whyte (2002) 55 NSWLR 252 R v Zheng [2023] NSWCCA 64 Stanley v Director of Public Prosecutions [2023] HCA 3 Thai v Regina [2009] NSWCCA 314 The Queen v Balla [2021] NSWCCA 325
Texts Cited:	“Does Imprisonment Deter?” a review of the evidence, Sentence Advisory Council Victoria, April 2011
Category:	Sentence
Parties:	Rex (Crown) Scott Lindrea (Offender)
File Number(s):	2022/00380476