R v Ross

DISTRICT COURT OF QUEENSLAND

CITATION:

R v Ross [2007] QDC 383

PARTIES:

R

v

SHANE PAUL ROSS

FILE NO/S:

Indictment 369/2007

DIVISION:

Criminal

PROCEEDING:

Sentence

ORIGINATING COURT:

District Court

DELIVERED ON:

9 November 2007

DELIVERED AT:

Beenleigh

HEARING DATE:

9 November 2007

JUDGE:

Dearden DCJ

ORDER:

The defendant sentenced to 18 months imprisonment to be wholly suspended, with an operational period of 3 years. Disqualified from holding or obtaining a driver licence for a period of 9 months.

CATCHWORDS:

CRIMINAL LAW – SENTENCE AFTER PLEA – dangerous driving causing death – momentary inattention – “non-custodial” sentence as per R v Gruenert ex parte Attorney-General imposed

LEGISLATION:

Criminal CodeAct 1899 (Qld)

CASES:

R v Gruenert; ex parte Attorney-General [2005] QCA 154

COUNSEL:

Ms Farnden for the Director of Public Prosecutions

Mr Smith for the Defendant

SOLICITORS:

Office of the Director of Public Prosecutions

Gilmore and Associates for the Defendant

[1] HIS HONOUR: Stand up, please, Mr Ross. Mr Ross, you pleaded guilty here today to a single count of dangerous driving causing death.  Every one of us who drives on the road has an ongoing obligation at all times to ensure that we drive safely, not just for our own sake, because of course that is an important part of the obligation, but for the sake of all other road users.

[2] You, of course, more than most people, would be both aware, and would understand that obligation, because your entire career has been involved in the motor vehicle industry as a mechanic.
[3] As part of that obligation, it is the requirement of every driver, at literally every second of being behind the wheel, to pay sufficient attention at all times to ensure the safety of all other road users, as well as the safety of yourself.
[4] One of the most significant parts of that obligation, of course, is just the merest fall by any driver below the appropriate level of attention required can have catastrophic consequences, and it is clear, and I do not need to repeat it, but on this particular evening, that momentary inattention on your part had a catastrophic consequence for the rider of the motor bike, Mr Dulac.
[5] Ultimately, of course, having pleaded guilty to a charge of dangerous driving, for that you must receive a sentence.  In passing that sentence, I will indicate very clearly on the record, that I have taken account of all of the facts and circumstances, and, in particular, I have been assisted by reading the victim impact statement.  That statement, as well as the significant number of character references tendered on your behalf, all indicate to me that, more than anything else, both those who have give you references, and Ms Stephanie Dulac who has provided a victim impact statement, all reflect in one way or another on our shared humanity.
[6] Your life itself has had its share of tragedy, perhaps some would say more than its fair share of tragedy.  You lost your father…