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
Stanley v Director of Public Prosecutions [2023] HCA 3
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
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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
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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
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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.
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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
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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.
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The…
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- AGLC
- R v Lindrea [2024] NSWDC 148
- Case
- [2024] NSWDC 148
- Decision Date
CaseChat Overview and Summary
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,
(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.
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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