CITATION: R v Michael John SHUMACK [2007] NSWDC 254 HEARING DATE(S): 23/09/2007
03/12/2007
JUDGMENT DATE:
3 December 2007JURISDICTION: Criminal JUDGMENT OF: Conlon SC DCJ DECISION: CONVICTED: Find special circumstances. Count 1: Non-parole period of 4 years imprisonment TDF 15 October 2007 with an additional 2 years; Cont 2: Non-parole period of 3 years TDF 15 October 2009 with an additonal 2 years. Automatic Disqualification period of 3 years. CATCHWORDS: Criminal Law - Sentence - Dangerous driving occasioning death - Fail to stop and assist after vehicle impact causing death - Accused claims not driver of car - Speed and Alcohol as contributing factors - Moral Culpability - After Trial - Verdicts of guilty - Lack of remorse LEGISLATION CITED: Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Crimes Amendment (Road Accidents) BillCASES CITED: R v Errington (2005) 147 ACR 553
R v Khatter [2000] NSWCCA 32
R v Whyte (2002) 55 NSWLR 252
R v Previtera (1997) 94 ACR 75
R v Bollen (1998) 99 ACR 510PARTIES: Crown
Michael John Shumack (Accused)FILE NUMBER(S): 07/41/0045 COUNSEL: Mr M Fox (Crown)
Mr J Doris (Accused)SOLICITORS: Ms K Ratcliffe (Crown)
Mr J David (Accused)
JUDGMENT
1 HIS HONOUR: The offender Michael John Shumack appears for sentence after trial where he was found guilty by jury of two counts; the first count is that of dangerous driving occasioning death, which is an offence pursuant to s 52A(1)(c) of the Crimes Act. That offence carries a maximum penalty of ten years imprisonment. The second count is of fail to stop and assist after vehicle impact causing death, which is an offence pursuant to s 52AB(1) of the Crimes Act. That offence carries a maximum penalty of ten years imprisonment. The trial commenced in the Wollongong District Court on 2 October 2007 and the jury returned their verdicts of guilty on 15 October 2007
FACTS
2 The offender left his work address at Unanderra at 2.20pm on Friday 15 September 2006 in the company of a work colleague, Andrew Robertson. They travelled in the offender’s silver Ford XR8, registration number SHU-11S to the Dapto Leagues Club. CCTV showed Robertson purchasing schooners for himself and the offender at 2.42pm.
3 The offender’s brother, David Shumack, Steven Dykes and Richard Stubbs, later joined them. At 3.10pm, the offender purchased five schooners. Richard Stubbs gave evidence that he purchased a schooner for the offender and following a win on the pokies, Andrew Robertson said he shouted everyone twice. Robertson confirmed that during the course of the afternoon he bought three schooners for the offender.
4 The offender and Robertson were observed to leave the club shortly before 5pm. Upon that evidence I have no difficulty being satisfied beyond reasonable doubt that the offender had consumed at least those five schooners during this period at the club.
5 The offender then drove Robertson to Woolworths to buy groceries and alcohol. They dropped in briefly to Robertson’s home before driving to the…
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- AGLC
- R v Michael John Shumack [2007] NSWDC 254
- Case
- [2007] NSWDC 254
- Decision Date
CaseChat Overview and Summary
The court considered Shumack's claim that he was not the driver of the car at the time of the incident, but ultimately rejected this assertion. It was noted that Shumack had a high level of alcohol in his system, and that he had fled the scene of the accident, indicating a level of guilt and lack of remorse. The court also took into account the speed at which the car was travelling and the fact that Shumack had a history of driving offences. Based on these factors, the court found Shumack to be morally culpable for the incident.
The court sentenced Shumack to a non-parole period of 4 years imprisonment for the first count, with an additional 2 years, and a non-parole period of 3 years for the second count, with an additional 2 years. The court also imposed an automatic disqualification period of 3 years. The court found special circumstances in the case due to Shumack's lack of remorse, his history of driving offences, and the high level of alcohol in his system at the time of the incident. These factors contributed to the severity of the sentence.
Orders
Orders of the court
CONVICTED: Find special circumstances. Count 1: Non-parole period of 4 years imprisonment TDF 15 October 2007 with an additional 2 years; Cont 2: Non-parole period of 3 years TDF 15 October 2009 with an additonal 2 years. Automatic Disqualification period of 3 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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