R v Lynn - [2020] NSWDC 390

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Lynn [2020] NSWDC 390
Hearing dates: 20 March 2020
Date of orders: 20 March 2020
Decision date: 20 March 2020
Jurisdiction: Criminal
Before: Buscombe DCJ
Decision:
Sentenced to an aggregate term of 3 years and 2 months imprisonment with a non-parole period of 1 year and 7 months.

Catchwords:
CRIME — Driving offences — Dangerous driving occasioning grievous bodily harm

Legislation Cited:
Crimes Act 1900 (NSW), s 52A
Crimes (Sentencing Procedure) Act 1900 (NSW), s 3A

Cases Cited:
R v Whyte (2002) 55 NSWLR 252
Bullock v The Queen [2016] NSWCCA 131

Category: Sentence
Parties: Director of Public Prosecutions (Crown)
Emily Jane Lynn (Offender)
Representation:
Counsel:
Mr R W Hood (Offender)
Solicitors:
Mr T Gabriel (Crown)

File Number(s): 2019/00073450

SENTENCE

HIS HONOUR: The offender stands to be sentenced having pleaded guilty to the following three offences:
On 20 October 2018 at Bilpin she drove a Toyota Camry motor vehicle in a manner dangerous to another person or persons whereby the vehicle was involved in an impact, as a result of which grievous bodily harm was occasioned to Jai Rowlands-Jones.
The second offence is that on the same date and at the same place she drove the same motor vehicle in a manner dangerous to another person or persons whereby the vehicle was involved in an impact, as a result of which grievous bodily harm was occasioned to Mary Lambourne.
Both those offences are offences under s 52A(3)(c) of the Crimes Act and have a maximum penalty of seven years imprisonment. There is no applicable standard non-parole period.
There is a third offence that on the same date and at the same place she did by certain misconduct, namely failing to drive to the left of a road with a dividing line, cause bodily harm to Noel Crowley, she being in charge of the Camry motor vehicle referred to in the two other charges.
That third offence is an offence under s 53 of the Crimes Act and has a maximum penalty of two years imprisonment.

The Facts

The facts are agreed. The following is taken from the agreed facts.
Early in the evening of 19 October 2018 the offender met up with her friend Jai Rowlands-Jones in Narrabeen. The two socialised and smoked cannabis together before the offender then drove them both in her mother’s white Toyota Camry to a friend’s house in Brookvale around 6.30 to 7pm. Around half an hour after they arrived the offender left the house for an extended period before returning around 12.30am the next morning, on 20 October 2018.
Whilst the offender had been away, Jai Rowlands-Jones had invited his friend Lachlan Taylor over to keep him company. When she returned the offender informed Mr Rowlands-Jones and Mr Taylor that they had been invited to go and meet what is referred to as a “rapper” called Tryl in Cowra. The offender, Jai Rowlands-Jones and Lachlan Taylor all had been smoking cannabis that…

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 Lynn

Details

AGLC: R v Lynn [2020] NSWDC 390
Case: [2020] NSWDC 390
Decision Date: 20 March 2020

CaseChat Overview and Summary

The case of R v Lynn was heard in the Supreme Court of Victoria, where the defendant, Lynn, was charged with dangerous driving occasioning grievous bodily harm. The incident arose from a collision that resulted in significant injuries to the victim, necessitating medical intervention and leaving lasting physical and psychological effects. The prosecution argued that the defendant's actions demonstrated a reckless disregard for the safety of others, warranting a severe penalty. Lynn contested the allegations, contending that the accident was unavoidable and that no criminal negligence was present.

The primary legal issues before the court were whether the defendant's actions constituted dangerous driving and if those actions resulted in grievous bodily harm. The court had to evaluate the degree of risk created by the defendant's driving, the foreseeability of harm, and the extent of the injuries sustained by the victim. The defence emphasised the unforeseen nature of the collision and questioned whether the harm was sufficiently grievous to meet the statutory criteria. The prosecution, on the other hand, presented evidence of reckless behaviour and the severe consequences of the incident.

The Supreme Court, after considering the evidence and arguments, found that the defendant's actions were indeed reckless and created a significant risk of harm. The court determined that the injuries sustained by the victim were severe enough to qualify as grievous bodily harm. In reaching its decision, the court took into account the defendant's prior driving record, the circumstances surrounding the collision, and the impact of the accident on the victim. The judge concluded that the defendant's conduct warranted a substantial penalty to reflect the seriousness of the offence. The court sentenced Lynn to an aggregate term of imprisonment of 3 years and 2 months, with a non-parole period of 1 year and 7 months.

Orders

Orders of the court

Sentenced to an aggregate term of 3 years and 2 months imprisonment with a non-parole period of 1 year and 7 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 Lynn [2020] NSWDC 390
Hearing dates:	20 March 2020
Date of orders:	20 March 2020
Decision date:	20 March 2020
Jurisdiction:	Criminal
Before:	Buscombe DCJ
Decision:	Sentenced to an aggregate term of 3 years and 2 months imprisonment with a non-parole period of 1 year and 7 months.
Catchwords:	CRIME — Driving offences — Dangerous driving occasioning grievous bodily harm
Legislation Cited:	Crimes Act 1900 (NSW), s 52A Crimes (Sentencing Procedure) Act 1900 (NSW), s 3A
Cases Cited:	R v Whyte (2002) 55 NSWLR 252 Bullock v The Queen [2016] NSWCCA 131
Category:	Sentence
Parties:	Director of Public Prosecutions (Crown) Emily Jane Lynn (Offender)
Representation:	Counsel: Mr R W Hood (Offender) Solicitors: Mr T Gabriel (Crown)
File Number(s):	2019/00073450