R v Primmer

[2014] NSWDC 370

District Court

New South Wales

Medium Neutral Citation:	R v Primmer [2014] NSWDC 370
Date of orders:	25 June 2014
Decision date:	25 June 2014
Jurisdiction:	Criminal
Before:	Conlon DCJ
Decision:	Sentenced to a non‑parole period of two years and six months which will date from 6 December 2013 and expire on 5 June 2016. Sentenced to an additional term of 12 months which will expire on 5 June 2017. Disqualified from driving for 10 years.
Catchwords:	Dangerous Driving Occasioning Grievous Bodily Harm
Cases Cited:	R v Errington [2005] 157 ACrimR 553; R v Khatter [2000] NSWCCA 32
Category:	Sentence
Parties:	Regina (Crown) Shaun Primmer (Offender)
Representation:	Counsel:     Solicitors:
File Number(s):	2013/368556

Judgment

1. The offender Sean Primmer appears for sentence following his plea of guilty to a charge of dangerous driving occasioning grievous bodily harm contrary to S52A(3)(c) of the Crimes Act carrying a maximum penalty of seven years imprisonment.

2. The Crown bundle of documents (exhibit A) contains a statement of Agreed facts and they are as follows. That at about 8.30pm on 6 December 2013 the offender was the driver of a Ford Falcon sedan. Accompanying him in the front passenger seat was 14 year old Mia Owens. A further person, Timothy Lukian, occupied the rear passenger seat behind the driver.

3. The offender drove his car generally in a southerly direction on Graham Street, Unanderra. It has one traffic lane in each direction, the speed limit for the area is 50 kilometres an hour. A witness, Steven Page, heard the engine of a car revving loudly as it travelled down Graham Street, then he saw the Ford Falcon driving with its tyres screeching turn right into Waples Road. That intersection is posted with a stop sign. As the car made the turn the witness Page observed the car accelerating further and veered onto the wrong side of the road. Whilst attempting to make this turn the offender lost control of the car. The car began rotating in a clockwise direction before leaving the roadway. At this point the car has gone up onto the kerb and collided heavily with a wooden power pole outside number 24 Waples Road.

4. The offender and Lukian were able to free themselves from the car. Mr Page was first to attend the scene and to provide assistance. He saw the offender get out of the car and heard him say, “I’ve got to go, I’ve got no licence”. Mr Page told the offender to stay where he was as Mr Page tried to assist the victim. Ms Owens was trapped in the car, she was unresponsive and suffering from critical injuries. She was later released by rescue personnel and airlifted to the Westmead Hospital for emergency treatment.

5. The victim is currently being treated by Dr Heather Burnett at the Children’s Hospital, Westmead. Dr Burnett stated that Ms Owens sustained multiple serious injuries including severe traumatic brain injury, a left hemiplegia (arm and leg weakness and stiffness), a pelvic fracture and contusions of her lungs,…