R v Cossey

Dylan Cossey was convicted of four counts of manslaughter, one count of racing causing injury, and one count of failing to stop and ascertain injury after an accident. The court had to determine the appropriate starting point for sentencing, considering the nature and circumstances of the offending, the level of culpability, and the impact on the victims. The Crown argued for a starting point of eight to nine years’ imprisonment, while the defence submitted that a starting point of three years’ imprisonment was more appropriate. The court considered various cases and ultimately decided on a starting point of three years’ imprisonment for the manslaughter charges, and concurrent starting points of 18 months’ imprisonment for the racing causing injury and failing to stop charges. The court also considered personal circumstances, such as the offender’s remorse, participation in a rehabilitation programme, and employment prospects, and determined a global discount of 12 months was appropriate. The final sentence imposed was 12 months’ home detention to be served concurrently on each of the four manslaughter charges, six months’ home detention concurrently on the racing causing injury charge, and four months’ home detention concurrently on the failing to stop charge. The offender was also ordered to complete 400 hours of community work and disqualified from driving for a period of seven years.

The court considered the impact of the offending on the victims and their families, and the need for denunciation and deterrence of such offending. The court also took into account the purposes and principles of sentencing, including the need to hold the offender accountable for the harm done, assist in their rehabilitation and reintegration into the community, and impose the least restrictive outcome that is appropriate in the circumstances. The court recognised that while no sentence can bring back the victims or undo the damage caused, the sentence imposed should reflect the seriousness of the offending and the offender’s level of culpability.