Regina v Nastassia Grady

CITATION:	Regina v Nastassia Grady [2009] NSWDC 202
JUDGMENT DATE:	1 May 2009
JURISDICTION:	200819105
JUDGMENT OF:	Cogswell SC DCJ
DECISION:	Non-parole period of 6 months. Balance of term of 10 months
CATCHWORDS:	CRIMINAL LAW - sentence - dangerous driving causing gervious bodily harm - plea of guilty at earliest opportunity - blood alcohol content 0.145 - passenger removing seatbelt does not mitigate the objective seriousness of the accident - no relevant aggravating factors - importance of general deterrence - guideline judgment - non full time custodial not appropriate
LEGISLATION CITED:	Crimes Act 1900 s 52A Crimes (Sentencing Procedure) Act 1999 s 3, s 12, s 50 Road Transport (General) Act 2005 s 188
CASES CITED:	Regina v Dutton [2005] NSWCCA 248 R v Jurisic (1998) 45 NSWLR 209 R v Whyte (2002) 55 NSWLR 252
PARTIES:	Regina Nastassia Grady
FILE NUMBER(S):	200819105
SOLICITORS:	Director of Public Prosecutions Benetatos White

JUDGMENT

1. The crime of dangerous driving causing someone grievous bodily harm is set out in s 52A of the Crimes Act 1900. It carries a maximum sentence of seven years imprisonment. Judges who sentence people for this offence have been provided by the New South Wales Court of Criminal Appeal with assistance. That assistance is in the form of a guideline judgment which has been delivered by the Court of Criminal Appeal. After the original guideline judgment in Jurisic (1998) 45 NSWLR 209 the Court of Criminal Appeal amended it in Whyte (2002) 55 NSWLR 252.

2. The reason I refer to the guideline judgment at this stage is that the Chief Justice, in referring to the kinds of cases which represent a typical example of this crime, listed a number of factors. Included amongst those factors are that offenders are typically young and without any or limited prior criminal convictions. Typically also they plead guilty and are genuinely remorseful for what has happened. Despite those typical features the Court of Criminal Appeal set a guideline relevantly for the kind of offence which Ms Grady has committed of a fulltime custodial sentence of no less than two years. Often judges can give significant weight in sentencing offenders to their youth, their good character, their remorse and a plea of guilty. Those factors do still carry weight but they are already taken into account in the Court of Criminal Appeal’s guideline judgment.

3. I need to say something about what happened in this case which caused Ms Grady to be charged with this crime. She was having drinks at a friend’s place on Saturday 16 February 2008. The friend’s place was in Katoomba. She was there from about 1 in the afternoon until about 7.30 when they decided to go out. They were going what I am satisfied is a short distance from place in Katoomba into town. Ms Grady was driving with her two friends as passengers. She was going along Victoria Street in Katoomba. Victoria Street is a narrow street and has several crests.

4. As she…