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District Court 29 July 2019

R v PARR

[2019] NSWDC 357

Assault & violenceHomicideTraffic & driving
CRIMINAL SENTENCING DEATH WHILE DRIVING UNDER INFLUENCE GRIEVOUS BODILY HARM

Citation: R v Parr [2019] NSWDC 357
Court: District Court of New South Wales
Date: 29 July 2019
Judge: Lerve DCJ

Background

A 23-year-old man pleaded guilty to two offences arising from a single-vehicle rollover on a rural road near Ungarie, NSW, in the early hours of 12 August 2017. He had been driving a Toyota Hilux utility, returning from a pig-hunting trip, when the vehicle veered onto the wrong side of the road on a sweeping bend, left the roadway, and rolled multiple times. A female passenger died as a result of the impact, and a second passenger was ejected from the vehicle and sustained catastrophic injuries.

The agreed facts established that the offender had consumed alcohol before and during the hunting trip, including mid-strength beer while on the property and a shared pre-mixed spirit drink. Two passengers had separately offered to drive between Lake Cargelligo and Ungarie, and on both occasions the offender declined, stating he was fine. The crash occurred approximately one kilometre from Ungarie township, around five hours into the return journey.

The offender entered guilty pleas in the Local Court and adhered to them at the sentence hearing in the Wagga Wagga District Court. The two counts were: driving under the influence of alcohol causing death, contrary to s 52A(1)(a) of the Crimes Act 1900; and driving under the influence causing grievous bodily harm, contrary to s 52A(3)(a) of the same Act.

  • What aggregate sentence was appropriate given the objective seriousness of the offending, the offender's moral culpability, and the existence of two separate victims?
  • What discount applied for the early guilty pleas?
  • Whether special circumstances existed to justify a non-parole period representing less than the standard three-quarters of the total sentence?
  • What licence disqualification and interlock conditions were appropriate?

Decision

Lerve DCJ opened by acknowledging the profound human cost of the offending: one young woman's life lost, a second victim left with permanent and severe injuries, and a young man with a partner and children facing a substantial custodial sentence. His Honour adopted observations from R v Barnett [2016] NSWDC 302 and R v Magro [2019] NSWSC 343, both to the effect that no sentence can measure the value of a life or the grief caused by its loss, but that the sentence must adequately reflect punishment, denunciation, objective seriousness, and the offender's prospects of rehabilitation.

The offender received the full 25% discount for the utilitarian value of early guilty pleas, consistent with pleas entered in the Local Court and maintained in the District Court. The maximum penalties were 10 years for the death count and 7 years for the grievous bodily harm count. No standard non-parole period applied to either offence.

His Honour found that, considered separately, appropriate sentences would have been 5 years (reduced to 3 years 9 months after the plea discount) for the death count and 3 years 6 months (reduced to 2 years 6 months) for the grievous bodily harm count. Rather than imposing separate sentences with partial accumulation, the court invoked s 53A of the Crimes (Sentencing Procedure) Act 1999 to impose a single aggregate sentence. The non-parole period was set at two-thirds of the total term, reflecting a finding of special circumstances, the specific reasons for which were outlined in the body of the judgment.

Concurrent licence disqualifications of 2 years were imposed on each count, to be followed by participation in the Interlock Scheme for 3 years. The court also recommended, in strong terms, that the offender be classified to a minimum-security institution such as the Manus Correctional Centre at Tumbarumba.

Orders Made

  • Aggregate sentence of 5 years and 3 months imprisonment imposed under s 53A of the Crimes (Sentencing Procedure) Act 1999.
  • Non-parole period of 3 years 6 months, commencing 19 July 2019 and expiring 18 January 2023.
  • Balance of term (parole) of 1 year 9 months, commencing 19 January 2023 and expiring 18 October 2025.
  • Release to parole at expiration of non-parole period recommended.
  • Concurrent licence disqualifications of 2 years on each count.
  • Participation in the Interlock Scheme for 3 years following disqualification on each count (concurrent).
  • Recommendation to the Department of Corrective Services for classification to a minimum-security institution as soon as practicable.

Key Takeaways

  • The District Court confirmed that where a single incident produces two victims under distinct statutory provisions, an aggregate sentence under s 53A of the Crimes (Sentencing Procedure) Act 1999 is an available and appropriate mechanism, with the component sentences identified separately to ensure transparency.
  • A full 25% utilitarian discount for guilty pleas applies where pleas are entered in the Local Court and maintained without vacillation at the District Court sentencing hearing.
  • No standard non-parole period applies to either s 52A(1)(a) (death) or s 52A(3)(a) (grievous bodily harm) offences under the Crimes Act 1900, leaving the sentencing court to exercise a broad discretion informed by established principle.
  • A finding of special circumstances can support a non-parole period representing two-thirds, rather than the conventional three-quarters, of the total sentence, provided the reasons are articulated.
  • Sentencing courts in this category of offence continue to apply the principle that no term of imprisonment can reflect the value of a life lost, but the sentence must still achieve adequate punishment, denunciation, and recognition of the harm caused.

Legislation and Cases Referenced

Legislation
- Crimes Act 1900 (NSW), ss 52A(1)(a), 52A(3)(a)
- Crimes (Sentencing Procedure) Act 1999 (NSW), s 53A
- Road Transport Act 2013 (NSW)

Cases
- R v Barnett [2016] NSWDC 302
- R v Magro [2019] NSWSC 343
- R v Whyte (2002) 134 A Crim R 53
- R v Tuala [2015] NSWCCA 8
- WW v R [2012] NSWCCA 165
- TG v Regina [2010] NSWCCA 28
- R v Elkassir [2013] NSWCCA 181
- Aitken v R [2014] NSWCCA 201; [2014] NSWCCA 202
- Spark v R [2012] NSWCCA 140
- R v Wright (2013) 229 A Crim R 245; [2013] NSWCCA 82
- Whybrow v R [2008] NSWCCA 270
- R v Daetz (2003) 139 A Crim R 398; [2003] NSWCCA 216
- R v Donald [2013] NSWCCA 238
- Khanwaiz v R [2012] NSWCCA 168