R v Meakin - [2019] NSWSC 1555

Supreme Court

New South Wales

Medium Neutral Citation: R v Meakin [2019] NSWSC 1555
Hearing dates: 25 October 2019
Date of orders: 08 November 2019
Decision date: 08 November 2019
Before: Hidden AJ
Decision:
Sentenced to imprisonment for 7 years, NPP 4 years, from 4 August 2016.

Catchwords: CRIMINAL LAW – sentence – aggravated dangerous driving occasioning death – plea of guilty – driving with high range blood alcohol concentration – collision with pedestrian – failed to stop or render assistance – driving over considerable distance
Legislation Cited: Crimes Act 1900
Cases Cited: R v Meakin [2019] NSWSC1311
Category: Sentence
Parties: Regina (Crown)
Michael Meakin (Offender)
Representation:
Counsel:
J Bowers (Crown)
N Steel (Offender)
Solicitors:
Solicitor for Public Prosecutions NSW (Crown)
Legal Aid NSW (Offender)

File Number(s): 2014/55959

REASONS

The offender, Michael Meakin, was presented for trial before me, sitting without a jury, on an indictment containing two counts:

The murder of Nicholas McEvoy;

In the alternative, dangerous driving occasioning the death of Mr McEvoy in circumstances of aggravation: s 52A(2) of the Crimes Act 1900, the circumstance of aggravation being that he was driving with the prescribed concentration of alcohol in his blood: subs (7).

The prescribed concentration of alcohol is defined as 0.15 grams or more of alcohol in 100 millilitres of blood: subs (8).

The offender pleaded not guilty to the first count but guilty to the second count. I acquitted him of the murder, and he now stands for sentence for the offence of dangerous driving occasioning death in circumstances of aggravation. That offence carries a maximum sentence of imprisonment for 14 years, but it does not carry a standard non-parole period.

Facts

The facts of the offence are canvassed in some detail in my reasons for verdict in the murder trial: R v Meakin [2019] NSWSC1311. For present purposes, it is sufficient to record that on 20 February 2014, the offender had been drinking at the Plumpton Hotel, situated on Richmond Road, Dean Park, from about 2.15pm to midnight. During that time he had consumed at least 16 schooners of full strength beer. Late in the evening at the hotel he had had an encounter with the deceased, Mr McEvoy, in circumstances which are not material for present purposes.
At around midnight, both men left the hotel. Mr McEvoy left on foot, walking on Richmond Road towards his home at Quakers Hill. The offender had driven to the hotel in his work van and, shortly after Mr McEvoy left, he drove out of the hotel and turned onto Richmond Road.
On Richmond Road he drove east, in the same direction in which Mr McEvoy was walking. It was his evidence that he was heading for a nearby McDonalds restaurant, where he wanted to eat something before he undertook the journey to his home at Freemans Reach, near Richmond, which was about 20 kilometres to the west of the hotel.
About 500 metres east of the hotel, Mr McEvoy was walking on a grass verge on…

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 Meakin

Details

AGLC: R v Meakin [2019] NSWSC 1555
Case: [2019] NSWSC 1555
Decision Date: 08 November 2019

CaseChat Overview and Summary

The court was presented with the case of R v Meakin, where the defendant had pleaded guilty to aggravated dangerous driving occasioning death. The incident involved the defendant driving under the influence of alcohol, resulting in a collision with a pedestrian, and subsequently failing to stop or render assistance. The case was heard in the Supreme Court of Victoria. The central issue before the court was the determination of an appropriate sentence for the defendant's actions, which included driving with a high range blood alcohol concentration and engaging in aggravated dangerous driving that led to the death of a pedestrian.

The court had to consider the gravity of the defendant's actions, including the high level of intoxication, the failure to stop after the collision, and the considerable distance driven before being apprehended. The legal principles that guided the court's decision involved the assessment of culpability and the need for deterrence and retribution. The court examined previous cases to understand the sentencing patterns for similar offences, weighing these against the specific circumstances of Meakin's case. It was also necessary to evaluate the impact of the defendant's actions on the victim and their family, as well as the broader implications for public safety.

The court concluded that the defendant's actions were of high culpability, warranting a significant sentence. It noted the severe consequences of the defendant's choices, which included driving under extreme intoxication, causing fatal harm, and fleeing the scene. The court imposed a sentence that reflected the need for both punishment and deterrence, aiming to address the gravity of the offence and its impact on society. The final orders of the court included a substantial custodial sentence, alongside additional conditions aimed at ensuring the defendant's rehabilitation and the protection of the public.

Orders