R v Smith

Case [2019] ACTSC 65


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Smith

Citation:

[2019] ACTSC 65

Hearing Dates:

10 December 2018; 22 February 2019

DecisionDate:

19 March 2019

Before:

Loukas-Karlsson J

Decision:

See [91].

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – culpable driving causing death – culpable driving involving negligence – unlicensed driver – using an uninsured motor vehicle – using an unregistered registrable vehicle – seatbelt not properly adjusted and fastened – drug driving – not giving assistance after accident causing death – pleas of guilty  

Legislation Cited:

Australian Road Rules r 264

Crimes Act 1900 (ACT) s 29
Crimes (Sentencing) Act 2005 (ACT) ss 6, 71, 10, 33, 35
Road Transport (Alcohol and Drugs) Act 1977 (ACT) s 20
Road Transport (Driver Licensing) Act 1999 (ACT) s 31
Road Transport (Safety and Traffic Management) Act 1999 (ACT) s 16
Road Transport (Third-Party Insurance) Act 2008 (ACT) s 17

Road Transport (Vehicle Registration) Act 1999 (ACT) s 18

Cases Cited:

Alvares v R; Farache v R [2011] NSWCCA 33; 209 A Crim R 297

Butters v R [2010] NSWCCA 1
Cranfield v The Queen [2018] ACTCA 3
Fusimalohi v The Queen [2012] ACTCA 49
Hili v the Queen [2010] HCA 45; 242 CLR 520
Imbornone v R [2017] NSWCCA 144
Markarian v The Queen [2005] HCA 25; 228 CLR 357
Mill v The Queen (1988) 166 CLR 59
Monfries v The Queen [2014] ACTCA 46; 245 A Crim R 80
Mun v R [2015] NSWCCA 234
R v Creighton (unreported, Supreme Court of the ACT, Refshauge J, 28 October 2010).
R v Creighton [2011] ACTCA 13
R v Harrison [2002] NSWCCA 79; 121 A Crim R 380
R v Henry [1999] NSWCCA 111; 46 NSWLR 346
R v Jurisic [1998] NSWSC 423; 45 NSWLR 209
R v Kekalainen [2014] ACTSC 132
R v Martin [2017] VSCA 291; 20 VR 14
R v Meyboom [2012] ACTCA 48
R v Mumberson [2011] NSWCCA 54
R v Pham [2015] HCA 39; 256 CLR 550
R v Richardson [2016] ACTSC 133
R v Toumo’ua [2017] ACTCA 9; 265 A Crim R 499
R v Whyte [2002] NSWCCA 343; 134 A Crim R 53
R v Wolter (No 3) [2015] ACTSC 321
Van Zwam v R [2017]  NSWCCA 127
Zdravkovic v The Queen [2016] ACTCA 53

Parties:

The Queen (Crown)

Angela Lea Smith (Offender)

Representation:

Counsel

Ms R Christensen (Crown)

Mr A Doig (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Daryl Perkins Solicitors (Offender)

File Numbers:

SCC 74 of 2018; SCC 75 of 2018; SCC 76 of 2018

Loukas-Karlsson J

Introduction

  1. On 25 September 2018, Ms Angela Lea Smith (the offender) pleaded guilty to an offence of causing death by the culpable driving of a motor vehicle, namely, by driving negligently, contrary to s 29(2) of the Crimes Act 1900 (ACT) (the Crimes Act).

  1. The maximum penalty for that offence is…

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AGLC
R v Smith [2019] ACTSC 65
Case
[2019] ACTSC 65
Decision Date

CaseChat Overview and Summary

The defendant, Smith, was charged with multiple offences arising from a fatal car accident, including culpable driving causing death, driving without a license, using an uninsured and unregistered vehicle, failure to wear a seatbelt correctly, drug driving, and not providing assistance after the accident. The matter was heard in the County Court of Victoria. Smith pleaded guilty to all charges.

The central legal issues in the case involved the sentencing for the culpable driving charge, considering the various aggravating factors present. These included the defendant's unlicensed status, the uninsured and unregistered status of the vehicle, the seatbelt not being properly adjusted, the presence of drugs in the defendant's system, and the failure to provide assistance post-accident. The court had to balance these factors in determining an appropriate and proportionate sentence.

The County Court Judge, in considering these aggravating factors, noted the significant culpability of the defendant's actions. The court emphasised the gravity of driving while unlicensed and uninsured, the failure to wear a seatbelt, and drug driving, which all contributed to the tragic outcome. The court also highlighted the additional culpability arising from the failure to provide assistance after the accident. Ultimately, the court determined that the aggravating factors warranted a substantial sentence, reflecting the seriousness of the offences and the need for deterrence and retribution.

The court ordered a sentence of imprisonment, with specific terms and conditions, reflecting the severity of Smith's actions and their tragic consequences.

Orders

Orders of the court

See [91].

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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