R v McKeown

[2013] NSWDC 22

District Court

New South Wales

Medium Neutral Citation:	R v Melissa MCKEOWN [2013] NSWDC 22
Hearing dates:	1 March 2013
Decision date:	01 March 2013
Before:	Judge Haesler SC
Decision:	Sentence: Imprisonment for five years and three months, non-parole period of three years.
Catchwords:	Dangerous driving causing death, purposes of sentencing, competing considerations, impact on victims.
Legislation Cited:	Crimes (Sentencing Procedures) Act 1989
Cases Cited:	Attorney General's Application No. 1 (2002) 56 NSWLR 146 Bugmy v The Queen (1990) 169 CLR 525 Hili v The Queen (2010) 242 CLR 520 MA v R (2004) 145 A Crim R 434 Markarian v The Queen (2005) 228 CLR 357 Musameci v R (1997) unreported CCANSW 30/10/1997 Veen v The Queen No.2 (1988) 164 CLR 465 Whyte v R (2002) 55 NSWLR 252
Category:	Sentence
Parties:	Regina (Crown) Melissa Jane McKEOWN (Accused)
Representation:	Mr D Williams (Crown) Mr D Shridhar (for the accused)
File Number(s):	2011/309298

SENTENCE Judgment

1. These proceedings are concerned with imposing a proper sentence on Melissa McKeown. That sentence must accord with legal principle. I am required to take account of a number of competing considerations and the purposes of sentencing. Those considerations and purposes overlap and, at times, point in different directions. As was noted in Veen v The Queen No.2 (1988) 164 CLR 465 at 496:

"None of them can be considered in isolation from the others when determining what is an appropriate sentence in a particular case."

1. While Ms McKeown will want my focus to linger on her remorse, contrition and the real hardship imprisonment will cause her; recognition must also be given to the impact of her crime on her victims, particularly Ms McMahon, the deceased, and Ms McMahon's grieving family.

1. Foremost, in my mind, is that an innocent woman was killed as a result of Ms McKeown's senseless and criminally stupid behaviour. Nothing she does for the rest of her life, nothing I can do to her, can ever bring Ms McMahon back or compensate her family for their loss. That loss was senseless and permanent. Her families' grief is recognised by the Court.

1. The victim impact statements read and tendered were eloquent statements of the loss caused by Ms McMahon's death, the destruction of her family, and of her families lives. The after death impact will continue forever. This is illustrated in what was said in one of the statements, "Nothing ever returns to normal".

1. In matters such as this Judges are asked to perform an impossible equation; No life can ever be equated with a period of imprisonment; No gaol term can return a loved one, and; a life should never be measured simply by the punishment meted out to the offender.

1. Ms McKeown, I believe, recognises the need for just and proper punishment. I find she has accepted responsibility for her actions. She has acknowledged the hurt she has caused. I accept her remorse is genuine and has led to her own mental health deteriorating. She does not expect forgiveness, nor should…