R v Tobin

[2019] NSWDC 100

District Court

New South Wales

Medium Neutral Citation:	R v Tobin [2019] NSWDC 100
Hearing dates:	08 March 2019
Date of orders:	08 March 2019
Decision date:	08 March 2019
Jurisdiction:	Criminal
Before:	Grant DCJ
Decision:	Aggregate term of imprisonment for 3 years Licence disqualification for 12 months
Catchwords:	CRIME — Driving offences — Dangerous driving occasioning grievous bodily harm SENTENCING — Penalties — Imprisonment
Cases Cited:	R v Manok [2017] NSWCCA 232 R v Pullen [2018] NSWCCA 264 The Queen v Whyte [2002] 55 NSWLR 252
Category:	Sentence
Parties:	Regina (Crown) Scott Andrew Tobin (Offender)
Representation:	Counsel: Ms S Sloane (Crown) Mr P Lange (Offender)
File Number(s):	2017/00208274

SENTENCE

HIS HONOUR:

Introduction

1. Scott Andrew Tobin appears before me and has pleaded guilty to one count of dangerous driving occasioning grievous bodily harm contrary to s 52A(3)(a) of the Crimes Act where the maximum penalty is seven years imprisonment. There is no standard non-parole period.

2. He has also pleaded guilty to fail to stop and assist after impact causing grievous bodily harm contrary to s 52AB(2) of the Crimes Act, the maximum penalty seven years imprisonment. There is no standard non-parole period.

3. The statutory maximum periods are a yardstick for a sentencing judge. A judge should steer by them but not aim for them.

FACTS

4. There is an agreed facts document in this case which reads as follows:

“COLLISION

(1) The victim in this matter is Michael James Robert Bruce born 9 May 1986.

(2) On the afternoon of Sunday 9 July 2017, Bruce drove his motor cycle, Harley Davidson registration GUN 55 from the Penrith area of Kellyville and then returned. He travelled with a group of friends who also rode motor cycles.

(3) At about 3.20pm, the group drove at the speed limit of 60 kilometres per hour in a westerly direction in a single file along Coreen Avenue at Penrith. At the head of the group was Vince Matuloivic. He was followed by Gavin Milan, Glen Ricketts and Christopher Tsardakidis. Bruce was at the rear of the group.

(4) At the same time, the offender drove white Toyota Hilux utility registration CL-92-KR in an easterly direction along Coreen Avenue, Penrith. Joshua King was seated in the front passenger seat. The vehicle had a large amount of concreting equipment strapped in the rear cargo tray. The vehicle is registered to the offender.

(5) As the offender drove his vehicle along a straight section of road, when about 150 metres from Tsardakidis, he drove his vehicle towards the westbound lane. He crossed double, unbroken dividing lines between the eastbound and westbound lanes. Tsardakidis was required to turn his motor cycle onto the shoulder at the side of the westbound lane to avoid colliding with the offender’s utility. Ricketts, following Tsardakidis, was also required to turn to the shoulder to avoid the utility.

(6) The offender continued to drive across the westbound lane and shoulder. Bruce attempted to avoid collision by turning into the shoulder of the road. The front…