R v Richardson

[2022] NSWDC 596

District Court

New South Wales

Medium Neutral Citation:

R v Richardson [2022] NSWDC 596

Hearing dates:

16 December 2021

Date of orders:

28 January 2022

Decision date:

28 January 2022

Jurisdiction:

Criminal

Before:

Bright DCJ

Decision:

Term of imprisonment of 2 years 7 months with a non-parole period of 1 year 3 months.

Catchwords:

CRIME — Driving offences — Aggravated dangerous driving occasioning grievous bodily harm — Circumstances of aggravation — Driving under influence of illicit drugs

Legislation Cited:

Crimes Act 1900 (NSW)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Road Transport Act 2013 (NSW)

Cases Cited:

Director of Public Prosecutions(Cth) v De La Rosa [2010] NSWCCA 194

R v Manok [2017] NSWCCA 232

R v Whyte [2002] NSWCCA 343

Category:

Sentence

Parties:

Rex (Crown)
Kyle Richardson (Accused)

Representation:

Counsel:
Mr L Brasch (Accused)

Solicitors:
Mr S Burton (Crown)

File Number(s):

2020/00133258

Publication restriction:

NA

Judgment

1. Kyle Richardson, 20 years of age, appears before the Gosford District Court for sentence in relation to the following offences:

1. Aggravated dangerous driving (under the influence of drugs) occasioning grievous bodily harm, an offence pursuant to s 52A(4), Crimes Act. The maximum prescribed penalty for that offence is 11 years imprisonment. There is no standard non-parole period.

2. One offence on a s 166 certificate of drive whilst suspended (first offence), an offence pursuant to s 54(3)(a), Road Transport Act. The maximum prescribed penalty for that offence is six months imprisonment.

2. The offender pleaded guilty on 23 September 2021 at the Gosford Local Court. Having regard to the timing of the plea, I propose to allow a discount on sentence of 25%.

3. The offender has spent 177 days in custody. This period of time will be taken into account on sentence.

4. The offences were committed on 4 May 2020. The offender drove south on the M1 Motorway travelling at excessive speed and impaired by a combination of drugs. He lost control of his vehicle, colliding with a sandstone wall and seriously injured his passenger, Kelsey Gottl, his partner who was in the front passenger seat.

5. The offender had travelled from Toukley on the Central Coast to the scene of the collision, a distance of approximately 65 kilometres.

The Agreed Facts

6. Kyle Richardson, the offender, was 18 years and 11 months old at the time of the offending.

7. On 4 May 2020 he was the driver of a blue coloured Volkswagen Golf registered to a friend of his. Kelsey Gottl, the offender’s partner, was seated in the front passenger of the vehicle. At the time of the incident the offender was the holder of a New South Wales provisional P1 driver’s licence which was suspended as of 9 April 2020 until 8 July 2020.

8. The M1 Motorway Mooney Mooney in the vicinity of collision scene runs in a general north south direction with three lanes of traffic in each direction. Opposing lanes of traffic are separated by a rock wall. The speed limit of the section of roadway where the collision occurred is 90 kilometres…