R v MacPherson

[2017] NSWDC 170

District Court

New South Wales

Medium Neutral Citation:	R v MacPherson [2017] NSWDC 170
Hearing dates:	8 February 2017
Date of orders:	08 February 2017
Decision date:	08 February 2017
Jurisdiction:	Criminal
Before:	Berman SC DCJ
Decision:	The offender is sentenced to 2 years imprisonment with a non-parole period of 12 months. Matters on s166 certificate are withdrawn
Catchwords:	CRIMINAL LAW – Sentence – From 1 – Dangerous driving occasioning grievous bodily harm – Driving whilst under the influence of drugs – Victim was offender’s child – Other children put at risk - Remorse
Cases Cited:	R v Jurisic (1998) 45 NSWLR 209 R v Whyte [2002] NSWCCA 343; (2002) 55 NSWLR 252
Category:	Sentence
Parties:	The Crown Keirra MacPherson
Representation:	Counsel: M Coates - Crown   Solicitors: Director of Public Prosecutions – Crown Legal Aid Commission - Offender
File Number(s):	2015/127150

SENTENCE

1. HIS HONOUR: Drugs harm people in many and varied ways. Most commonly these courts deal with the drug users who commit criminal offences to obtain their funds to support their habits. Often the courts deal with aggressive and violent behaviour by people who have used drugs. But there is an almost infinite variety of ways in which drugs can harm other people. This case is a demonstration of one particular form of harm which results from drug use.

2. The offender, Keirra MacPherson, was a drug user. Whilst her driving ability was impaired through the ingestion of drugs, she drove her car with her four children as passengers. She fell asleep. The car collided with a tree and one of her four children, seated in the backseat with only a lap belt on, suffered grievous bodily harm. She pleaded guilty at an early stage to an offence of aggravated dangerous driving occasioning grievous bodily harm. To reflect the utilitarian value of that plea the sentence I will impose upon her is 25 per cent less than it would otherwise have been. It is the aggravated form of the offence because of the level of Ms MacPherson’s intoxication.

3. It is important, of course, to look carefully at the injuries suffered by her son. He was six years old at the time of the collision and is now eight. As a result of the collision he underwent surgery. He had some parts of his bowel removed. He had a fracture in one of his vertebra and a posterior fixation of the L1, L2 and L3 was performed. He suffered bruising and lacerations and indeed, his injuries were such that he spent two days in an intensive care unit before he was discharged to a general ward of the hospital where he was being treated. It seems that fortunately he has made a good recovery.

4. A victim impact statement written by his father was tendered today. It seems that after her son had two rods and five screws which were inserted into his back, removed, he is now back to most activities and sport. He cannot play football but swims, plays…