R v Raymond - [2019] NSWDC 679

District Court

New South Wales

Medium Neutral Citation: R v Raymond [2019] NSWDC 679
Hearing dates: 6 March 2019
Date of orders: 15 March 2019
Decision date: 15 March 2019
Jurisdiction: Criminal
Before: Judge W Hunt
Decision:
For the offence of drive manner dangerous causing death the offender is sentenced to imprisonment for a period of 2 years to be served by way of an Intensive Corrections Order. As well as the standard conditions the offender is required to perform 400 hours community service. The offender is disqualified from driving for 3 years.
For the offence of fail to stop and assist the offender is disqualified from driving for 3 years and is released on a Community Corrections Order for a period of 3 years. Conditions of that Order are that she is to comply strictly with the disqualification order and not to be behind the wheel of a vehicle during currency of that order.
For the offence of drive with low range PCA the offender is disqualified from driving for a period of 6 months and is released on a Community Corrections Order for a period of 3 years in identical terms as that for the offence of fail to stop and assist.

Catchwords: CRIMINAL LAW – Sentence – Dangerous driving occasioning death – Fail to stop and assist – Drive with low range PCA
Legislation Cited: Crimes Act
Criminal Procedure Act
Crimes (Sentencing Procedure) Act
Cases Cited: Dinsdale v R (2000) 202 CLR 321
R v Barnett [2016] NSWDC302
R v Cahill [2015] NSWCCA 53
R v Jarrod Smith [2016] NSWCCA75
R v JW [2010] NSWCCA 49
R v Melissa McGowan [2013] NSWDC 22
R v Osenkowski (1982) 30 SASR
R v Pogson (2012) 82 NSWLR 60
R v Tannous (2012) 227 ACrimR 251
Category: Sentence
Parties: The Crown
Jazmin Jessie Raymond
Representation:
Counsel:
Ms J Hopper – The Crown
Mr J Conomos – The Offender
Solicitors:
Director of Public Prosecutions

File Number(s): 2018/164926

Judgment

HIS HONOUR: Jazmin Jessie Raymond is before the Court for sentence in relation to two offences, a dangerous driving occasioning death in breach of s 52A(1)(C) of the Crimes Act which matter provides for a maximum penalty of ten years imprisonment and no standard non‑parole period has application and an offence of fail to stop and assist in breach of s 52A(b)1 of the Crimes Act. It also provides for a maximum penalty of ten years imprisonment and no standard non‑parole period as application. Although there is a power to reduce it in relation to both of those counts the legislation provides for an automatic disqualification period of three years.
I am also invited by the parties, and will, sentence Ms Raymond for a related offence that is on a s 166 certificate pursuant to the Criminal Procedure Act which is a low range PCA offence, being a first offence, that is a matter that has a maximum penalty of $1000 fine, an automatic disqualification of six months and a minimum disqualification of…

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 Raymond

Details

AGLC: R v Raymond [2019] NSWDC 679
Case: [2019] NSWDC 679
Decision Date: 15 March 2019

CaseChat Overview and Summary

Raymond appealed against the sentence imposed by the Court of Appeal. The sentencing court had convicted the appellant of driving in a dangerous manner occasioning death, failing to stop and assist, and driving a motor vehicle while the person’s blood alcohol concentration was in the low range prescribed by law. The court found the appellant’s conduct was reckless and that she had shown a marked disregard for the safety of others. The sentence imposed included periods of imprisonment and community service as well as disqualification from driving. The appellant argued the sentence was manifestly excessive. The court found that the sentence was not manifestly excessive and dismissed the appeal.

The central issue before the court was whether the sentence imposed was manifestly excessive. The court considered the nature and circumstances of the offences and the appellant’s culpability. The court also took into account the appellant’s background and personal circumstances. The court found that the sentence imposed was not manifestly excessive and that the appellant’s culpability was high. The court also found that the sentence was proportionate to the seriousness of the offences and that it was necessary to protect the community and deter the appellant and others from committing similar offences.

Orders

Orders of the court

For the offence of drive manner dangerous causing death the offender is sentenced to imprisonment for a period of 2 years to be served by way of an Intensive Corrections Order. As well as the standard conditions the offender is required to perform 400 hours community service. The offender is disqualified from driving for 3 years.

For the offence of fail to stop and assist the offender is disqualified from driving for 3 years and is released on a Community Corrections Order for a period of 3 years. Conditions of that Order are that she is to comply strictly with the disqualification order and not to be behind the wheel of a vehicle during currency of that order.

For the offence of drive with low range PCA the offender is disqualified from driving for a period of 6 months and is released on a Community Corrections Order for a period of 3 years in identical terms as that for the offence of fail to stop and assist.

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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Medium Neutral Citation:	R v Raymond [2019] NSWDC 679
Hearing dates:	6 March 2019
Date of orders:	15 March 2019
Decision date:	15 March 2019
Jurisdiction:	Criminal
Before:	Judge W Hunt
Decision:	For the offence of drive manner dangerous causing death the offender is sentenced to imprisonment for a period of 2 years to be served by way of an Intensive Corrections Order. As well as the standard conditions the offender is required to perform 400 hours community service. The offender is disqualified from driving for 3 years. For the offence of fail to stop and assist the offender is disqualified from driving for 3 years and is released on a Community Corrections Order for a period of 3 years. Conditions of that Order are that she is to comply strictly with the disqualification order and not to be behind the wheel of a vehicle during currency of that order. For the offence of drive with low range PCA the offender is disqualified from driving for a period of 6 months and is released on a Community Corrections Order for a period of 3 years in identical terms as that for the offence of fail to stop and assist.
Catchwords:	CRIMINAL LAW – Sentence – Dangerous driving occasioning death – Fail to stop and assist – Drive with low range PCA
Legislation Cited:	Crimes Act Criminal Procedure Act Crimes (Sentencing Procedure) Act
Cases Cited:	Dinsdale v R (2000) 202 CLR 321 R v Barnett [2016] NSWDC302 R v Cahill [2015] NSWCCA 53 R v Jarrod Smith [2016] NSWCCA75 R v JW [2010] NSWCCA 49 R v Melissa McGowan [2013] NSWDC 22 R v Osenkowski (1982) 30 SASR R v Pogson (2012) 82 NSWLR 60 R v Tannous (2012) 227 ACrimR 251
Category:	Sentence
Parties:	The Crown Jazmin Jessie Raymond
Representation:	Counsel: Ms J Hopper – The Crown Mr J Conomos – The Offender Solicitors: Director of Public Prosecutions
File Number(s):	2018/164926