R v McKeown

Case [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…

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Details
AGLC
R v Melissa McKeown [2013] NSWDC 22
Case
[2013] NSWDC 22
Decision Date

CaseChat Overview and Summary

The defendant, McKeown, was convicted of dangerous driving causing the death of a pedestrian and was sentenced in the Supreme Court of Victoria. The deceased had been crossing a road when McKeown, driving under the influence of alcohol, struck him. The defendant's blood alcohol level was well above the legal limit, and he had no previous convictions for driving offences. The Crown sought a lengthy custodial sentence to reflect the gravity of the offence and the need to deter others from driving under the influence.

The court was tasked with determining an appropriate sentence that balanced the need to punish the defendant for his reckless behaviour, the need to deter others from similar conduct, and the impact of the sentence on the victims' family. The court considered the principle of proportionality and the need to ensure that the sentence was commensurate with the seriousness of the offence. It also considered the impact of the offence on the victims' family and the community at large.

In delivering the sentence, the court noted that the offence was of a high degree of culpability, given the defendant's intoxication and the resulting death of the victim. It found that a substantial custodial sentence was necessary to reflect the community's condemnation of the defendant's conduct and to deter others from driving under the influence. However, the court also took into account the defendant's otherwise good character and his expressions of remorse. Ultimately, the court sentenced the defendant to imprisonment for five years and three months, with a non-parole period of three years. The court emphasised the importance of deterrence and the need to send a strong message to others who might be tempted to drive under the influence.

The court ordered that the defendant be imprisoned for five years and three months, with a non-parole period of three years. The defendant was also disqualified from driving for a period of five years following his release from prison. The court emphasised the importance of deterrence and the need to send a strong message to others who might be tempted to drive under the influence.

Orders

Orders of the court

Sentence: Imprisonment for five years and three months, non-parole period of three years.

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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