R v Pickard

The appeal concerned a sentence imposed on the appellant, Ms Pickard, by a sentencing judge in South Australia. Ms Pickard had pleaded guilty to two counts of aggravated causing serious harm by dangerous driving, stemming from an incident where she drove through a red light at high speed while under the influence of alcohol and cannabis, resulting in a collision that caused severe injuries to two other women. The sentencing judge imposed a term of imprisonment of one year, 11 months, and 28 days, with a non-parole period of seven months and 28 days, and disqualified her from holding a driver's licence for 10 years on each count, to run concurrently. The primary complaint on appeal was that the sentence of imprisonment should have been suspended.

The Full Court of the Supreme Court of South Australia was required to determine whether the sentencing judge erred in refusing to suspend the appellant's sentence of imprisonment. This involved considering whether the sentence imposed was manifestly excessive or unjust, particularly in light of fresh evidence tendered on appeal. The court also had to assess whether the sentencing judge adequately considered factors such as the delay between the commission of the offences and sentencing, the appellant's rehabilitation during that period, and the impact of imprisonment on her young child, who she was breastfeeding at the time of sentencing.

The Court allowed the appeal, finding that the sentencing judge had failed to give proper consideration or weight to significant mitigating factors, including the delay in the proceedings, the appellant's positive rehabilitation, and the impact of her imprisonment on her dependent child. The court also considered the fresh evidence, which included psychiatric reports detailing the appellant's precarious mental health and the potential for severe adverse psychological effects on her child if separated. Applying section 38 of the Sentencing Act, the Court found good reason to suspend the sentence of imprisonment.

Consequently, the Full Court quashed the original sentence and substituted a new one. The appellant was sentenced to one year, 11 months, and 28 days imprisonment, which was suspended upon her entering into a three-year good behaviour bond. The orders disqualifying her from holding or obtaining a driver's licence for 10 years on each count, to run concurrently, were upheld.