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) ActCases 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 251Category: Sentence Parties: The Crown
Jazmin Jessie RaymondRepresentation: Counsel:
Solicitors:
Ms J Hopper – The Crown
Mr J Conomos – The Offender
Director of Public Prosecutions
File Number(s): 2018/164926
Judgment
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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.
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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…
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- AGLC
- R v Raymond [2019] NSWDC 679
- Case
- [2019] NSWDC 679
- Decision Date
CaseChat Overview and Summary
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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