R v Parsons

[2016] NSWDC 452

District Court

New South Wales

Medium Neutral Citation:	R v Parsons [2016] NSWDC 452
Hearing dates:	11 November 2016
Date of orders:	11 November 2016
Decision date:	11 November 2016
Jurisdiction:	Criminal
Before:	M L Williams SC DCJ
Decision:	Count 1: I impose a term of imprisonment of 2 years, to be suspended pursuant to s 12 of the Crimes (Sentencing Procedure) Act 1999. Count 2: I impose a term of imprisonment of 18 months, to be suspended pursuant to s 12 of the Crimes (Sentencing Procedure) Act 1999: at [40]-[41]
Catchwords:	SENTENCING — Penalties — Suspended sentences SENTENCING — Mitigating factors — Plea of guilty — Rehabilitation — Not fully aware of the consequences of his or her actions because of the offender’s mental condition —Remorse — Unlikely to re-offend SENTENCING — Relevant factors on sentence — Form 1 offences — Purposes of sentencing — Moral culpability SENTENCING — Subjective considerations on sentence — Mental illness
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	DPP (Cth) v De La Rosa (2010) 79 NSWLR 1 Elturk v R (2014) 239 A Crim R 584 R v Greaves [2014] NSWCCA 194 R v Whyte [2002] NSWCCA 343 Whybrow v The Queen [2008] NSWCCA 270
Texts Cited:	Nil
Category:	Sentence
Parties:	Regina (Crown)   Matthew Parsons (Offender)
Representation:	Mr D Curran (Crown)   Ms N Mikhaiel (Counsel for the Offender)
File Number(s):	2015/250182
Publication restriction:	Nil

Judgment

1. The parents of Matthew Parsons sit here in Court today to hear him being sentenced for serious criminal offences in circumstances where they sadly acknowledge that their decision to stop his psychotic medication was a mistake which led to him attempting suicide while driving a motor vehicle. It is, as both counsel have indicated, an extremely unusual case and one not contemplated by or considered in any of the guideline judgments.

2. The circumstances are graphically depicted in photographs, being exhibit 2, taken after the relevant incident, which show that at about 9.30am on 30 June 2015, Mr Parsons, who is now 32 years of age, was driving his Holden sedan along Carter Street, Homebush Bay, a 50 kilometre zone.

3. He accelerated in excess of the posted speed limit, according to a witness who was travelling behind him, without warning, he changed lanes into a west-bound lane. The witness applied his brakes so that Mr Parsons could come back into the east-bound lane, as he could see an oncoming truck, but the offender’s vehicle collided with this pantechnicon truck. There were three passengers in the truck. The truck rolled over onto its side. Mr Parsons did not apply his brakes.

4. CCTV footage from a nearby building shows the impact and supports the version given by the witness.

5. The driver and his two passengers in the truck were trapped. Mr Parsons was spoken to by police at the scene. He said, “Why didn’t I die, I wanted to die, I didn’t wear my seatbelt”, and he had not been wearing a seatbelt. He…