R v Rigby

[2023] NSWDC 636

District Court

New South Wales

Medium Neutral Citation:

R v Rigby [2023] NSWDC 636

Date of orders:

13 November 2023

Decision date:

13 November 2023

Jurisdiction:

Criminal

Before:

Conlon SC ADCJ

Decision:

Sentenced to 30 months imprisonment to date from 13 September 2023 and to expire on 3 March 2026, with a non-parole period of 14 months to commence on 13 September 2023 and expire on 12 November 2024

Catchwords:

Aggravated dangerous driving occasioning grievous bodily harm

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Road Transport Act 2013

Category:

Sentence

Parties:

Rex (Crown)
Accused – Cecilia Gai Rigby

Representation:

DPP - Mr D Morters SC (counsel)
Accused - Mr B Cochrane (counsel)
Ms C Beesley (solicitor)

File Number(s):

2020/306487

Publication restriction:

Nil

JUDGMENT

1. The offender, Cecilia Rigby, appears for sentence following her guilty plea to a charge of aggravated dangerous driving occasioning grievous bodily harm, contrary to s 52(4) of the Crimes Act 1900, and carrying a maximum penalty of 11 years’ imprisonment.

2. I will come to the agreed statement of facts shortly, however, in brief, on 4 September 2020, the offender had driven from Nambucca Heads to Coffs Harbour, and around noon met up with friends at the Plantation Hotel. It was not until about 6pm that day that she left the hotel to commence her return journey. After about five kilometres she lost control of her vehicle, causing it to leave the southbound carriageway, crossing the grass median strip and coming into collision with the vehicle of Ms Lynette Jarvis, who was travelling northbound. Ms Jarvis was admitted to hospital with a number of injuries that constituted grievous bodily harm. However, there was a most unfortunate and tragic event that transpired.

3. Ms Jarvis passed away in hospital following the failure of treating medical staff to detect a small subdural haematoma, and also, what turned out to be the catastrophic administration of blood thinners. It has been accepted that she died as a result of gross negligence in her treatment. Ultimately, the Crown accepted expert evidence that sufficiently demonstrated the severance of any causal nexus. In other words, if appropriately treated, Ms Jarvis would not have passed away as a result of the injuries sustained in this collision, which included the small subdural haematoma.

4. Now, the principal reason for me making mention of this is owing to submissions to the Court by each Counsel in respect of the issue of delay. Mr Cochrane, Counsel for the Offender, referred to the DPP, “Fruitlessly pursuing a more serious charge,” even after the offender had offered to plea to the present charge on 24 June 2022. The Crown submitted that the, “Medical evidence was complex and, to some degree, ambiguous.” However, it was following the defence serving the expert evidence report of Dr Frellich, on the Crown on 17 April 2023, that the present plea was accepted by the Crown. It is accepted that the offender is therefore entitled to a 25% discount in accordance with s 25D…