R v Taylor - [2023] NSWDC 433

District Court

New South Wales

Medium Neutral Citation: R v Taylor [2023] NSWDC 433
Hearing dates: 11 October 2023
Decision date: 17 October 2023
Jurisdiction: Criminal
Before: Coleman SC DCJ
Decision:
(1) For the offence of dangerous driving occasioning death to which he pleaded guilty, the offender is convicted.
(2) The offender is sentenced to a term of imprisonment of 12 months.
(3) Pursuant to s 7(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW), that term of imprisonment is to be served by way of an Intensive Corrections Order.
(4) The standard conditions of that order apply. They are that:
1. The offender must not commit any offences; and
2. The offender must submit to supervision by a Community Corrections officer.
(5) The offender is disqualified from holding a driver’s licence for 18 months. s 206B of the Road Transport Act 2013 (NSW) applies.

Catchwords:
SENTENCING – Driving offences – Dangerous driving occasioning death – Application of Whyte guideline judgment – Low moral culpability - Mitigating factors – Prospects of rehabilitation – Remorse – Unlikely to re-offend – Imposition of ICO – Consideration of community safety as paramount consideration

Legislation Cited:
Crimes Act 1900 (NSW), s 52A
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 7, 21A, 25D, 66, 73A
Road Transport Act 2013 (NSW), s 206B

Cases Cited:
R v Tomson [1999] NSWCCA 369
R v Whyte (2002) 55 NSWLR 252

Category: Sentence
Parties: Director for Public Prosecutions (NSW) (Crown)
Jayden Taylor (Offender)
Representation:
Counsel:
Mr G Kidd (Crown)
Mr S Bouveng (Offender)
Solicitors:
Solicitor for Public Prosecutions (NSW) (Crown)
Michel & White Lawyers (Offender)

File Number(s): 2022/279408

JUDGMENT

The offender, Jayden Taylor, is to be sentenced today for an offence of dangerous driving occasioning death. This is an offence under s 52A(1)(c) of the Crimes Act 1900 (NSW) and carries a maximum penalty of 10 years imprisonment. There is also an automatic period of disqualification from holding a driver’s licence of 3 years and a minimum period of 12 months. There is no standard non-parole period.
The offender pleaded guilty to this offence at the earliest opportunity and is thus entitled to a 25% discount on sentence to reflect the utilitarian value of the plea: s 25D(2), Crimes (Sentencing Procedure) Act 1999 (NSW).

Facts

There are agreed facts for this sentence. It is not an overstatement to say that they are tragic.
The offender in this matter is Jayden Luke Taylor, born 28 August 1995. The deceased is Jordan Tailby, born 1 October 1997. The offender and the deceased were longstanding friends. Also in the vehicle was Braydon Talbott-Hatch, who is the second cousin of the deceased and friend of the offender. At the relevant time, the offender was a holder of a Class CP2 driver’s licence.

Dangerous driving occasioning death

On Sunday 5 June 2022, the offender, the deceased and Talbott-Hatch decided to go pig hunting with their dogs. The trio left Gunnedah in the offender’s ute, a dual-cab 2001 Toyota Hilux, at around 2 to…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Taylor

Details

AGLC: R v Taylor [2023] NSWDC 433
Case: [2023] NSWDC 433
Decision Date: 17 October 2023

CaseChat Overview and Summary

In the case before the court, the defendant, Taylor, was convicted of dangerous driving occasioning death. The matter was heard and determined by the court, which was tasked with imposing an appropriate sentence. The defendant had pleaded guilty to the charge, which arose from a tragic incident where the defendant's dangerous driving led to the death of another road user. The court had to consider the relevant sentencing principles and guidelines to determine a suitable penalty.

The primary legal issue before the court was to decide the appropriate sentence for the defendant's serious offence, taking into account the principles and factors set out in the relevant legislation and case law. The court needed to assess the moral culpability of the defendant, the prospects of rehabilitation, and the likelihood of re-offending, among other mitigating and aggravating factors. The court also had to consider the paramount consideration of community safety in its sentencing decision.

In delivering its judgment, the court thoroughly examined the defendant's moral culpability and found it to be low. The court took into account several mitigating factors, including the defendant's genuine remorse, prospects of rehabilitation, and the likelihood of not re-offending. The court also considered the statutory requirement to give paramount consideration to community safety. Ultimately, the court decided that an Intensive Corrections Order was the most appropriate sentence for the defendant, given the circumstances of the case and the need to balance the interests of justice and community safety. The court sentenced the defendant to a term of imprisonment of 12 months, to be served by way of an Intensive Corrections Order, and imposed the standard conditions applicable to such an order. The defendant was also disqualified from holding a driver’s licence for 18 months.

The court's final orders included convicting the defendant of the offence of dangerous driving occasioning death, sentencing the defendant to a term of imprisonment of 12 months to be served by way of an Intensive Corrections Order, applying the standard conditions of that order, and disqualifying the defendant from holding a driver’s licence for 18 months.

Orders

Orders of the court

(1) For the offence of dangerous driving occasioning death to which he pleaded guilty, the offender is convicted.

(2) The offender is sentenced to a term of imprisonment of 12 months.

(3) Pursuant to s 7(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW), that term of imprisonment is to be served by way of an Intensive Corrections Order.

(4) The standard conditions of that order apply. They are that:

1. The offender must not commit any offences; and

2. The offender must submit to supervision by a Community Corrections officer.

(5) The offender is disqualified from holding a driver’s licence for 18 months. s 206B of the Road Transport Act 2013 (NSW) applies.

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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Medium Neutral Citation:	R v Taylor [2023] NSWDC 433
Hearing dates:	11 October 2023
Decision date:	17 October 2023
Jurisdiction:	Criminal
Before:	Coleman SC DCJ
Decision:	(1) For the offence of dangerous driving occasioning death to which he pleaded guilty, the offender is convicted. (2) The offender is sentenced to a term of imprisonment of 12 months. (3) Pursuant to s 7(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW), that term of imprisonment is to be served by way of an Intensive Corrections Order. (4) The standard conditions of that order apply. They are that: 1. The offender must not commit any offences; and 2. The offender must submit to supervision by a Community Corrections officer. (5) The offender is disqualified from holding a driver’s licence for 18 months. s 206B of the Road Transport Act 2013 (NSW) applies.
Catchwords:	SENTENCING – Driving offences – Dangerous driving occasioning death – Application of Whyte guideline judgment – Low moral culpability - Mitigating factors – Prospects of rehabilitation – Remorse – Unlikely to re-offend – Imposition of ICO – Consideration of community safety as paramount consideration
Legislation Cited:	Crimes Act 1900 (NSW), s 52A Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 7, 21A, 25D, 66, 73A Road Transport Act 2013 (NSW), s 206B
Cases Cited:	R v Tomson [1999] NSWCCA 369 R v Whyte (2002) 55 NSWLR 252
Category:	Sentence
Parties:	Director for Public Prosecutions (NSW) (Crown) Jayden Taylor (Offender)
Representation:	Counsel: Mr G Kidd (Crown) Mr S Bouveng (Offender) Solicitors: Solicitor for Public Prosecutions (NSW) (Crown) Michel & White Lawyers (Offender)
File Number(s):	2022/279408