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Supreme Court 8 November 2019

R v Meakin

[2019] NSWSC 1555

HomicideTraffic & driving
CRIMINAL LAW SENTENCE PLEA OF GUILTY COLLISION WITH PEDESTRIAN FAILED TO STOP OR RENDER ASSISTANCE DRIVING OVER CONSIDERABLE DISTANCE

Citation: R v Meakin [2019] NSWSC 1555
Court: Supreme Court of New South Wales
Date: 8 November 2019
Judge: Hidden AJ

Background

The offender drove his work van from a hotel at around midnight on 20 February 2014, after consuming at least 16 schooners of full-strength beer over approximately ten hours. He was travelling on Richmond Road, Dean Park, when a pedestrian stepped or stumbled into his path. The collision caused fatal injuries to the pedestrian.

After striking the pedestrian, the offender drove approximately 20 kilometres home without stopping, calling police, or calling an ambulance. He parked the van out of sight behind his house, slept, and went to work the next morning. He later prepared a statement and presented it to Penrith Police Station after consulting a friend.

The offender had initially been charged with murder and convicted at an earlier trial, but that conviction was set aside on appeal. At the retrial, Hidden AJ acquitted him of murder and the offender stood for sentence on his guilty plea to aggravated dangerous driving occasioning death under s 52A(2) of the Crimes Act 1900, the circumstance of aggravation being a blood alcohol concentration of at least 0.15 grams per 100 millilitres of blood.

  • What is the appropriate sentence for aggravated dangerous driving occasioning death where the offender drove with a blood alcohol concentration of at least 0.15, failed to stop or render assistance, and drove a considerable distance home while intoxicated?
  • What weight should be given to the offender's prior drink-driving convictions and his subjective circumstances, including upbringing, alcohol use history, and conduct in custody?
  • Whether special circumstances existed to justify departing from the statutory proportion between head sentence and non-parole period.
  • What discount, if any, should apply for the offender's late guilty plea?

Decision

Hidden AJ identified the offence as serious of its kind. Although the driving did not involve erratic behaviour or excessive speed, the offender was driving in a state of considerable intoxication of which he was fully aware. The court assessed the gravity of the conduct as extending beyond the collision itself to encompass the entire journey home over some 20 kilometres, largely on a major road, exposing other members of the public to risk throughout.

The failure to stop and render assistance was treated as a significant aggravating factor. The offender's prior record of drink-driving offences, including middle range convictions in 2000 and 2009 and a low range conviction in 2003, as well as a 2010 conviction for driving while disqualified, rendered personal deterrence an important sentencing consideration alongside denunciation and general deterrence.

On the subjective side, the court accepted that the offender had a troubled background, including exposure to family violence and alcohol abuse in childhood. His prison conduct had been largely exemplary, with participation in work, study programs, and a mentoring role with young offenders. However, a psychologist's report indicated limited insight into his problematic pattern of alcohol use, despite stopping short of diagnosing a formal alcohol use disorder.

Hidden AJ accepted that special circumstances existed to warrant a longer parole period, on the basis that an extended supervisory period would better support the offender's rehabilitation upon release. The guilty plea, though late and entered only at the outset of the retrial, attracted a 12.5 percent reduction for its utilitarian value.

Orders Made

  • Sentenced to a non-parole period of 4 years, commencing 4 August 2016 and expiring 3 August 2020.
  • Balance of term of 3 years, commencing 4 August 2020 and expiring 3 August 2023.
  • Eligible for release on parole on 4 August 2020.
  • Disqualified from driving for 13 months from the date of release on parole.

Key Takeaways

  • The Supreme Court confirmed that in sentencing for aggravated dangerous driving occasioning death, the gravity of the offence is assessed by reference to the entire course of dangerous driving, not only the moment of impact.
  • Failure to stop, render assistance, or contact emergency services after a fatal collision was treated as a significant aggravating feature, separate from the conduct that caused the death itself.
  • A guilty plea entered for the first time at the retrial, having previously been offered to the Crown four months earlier, attracted only a 12.5 percent discount, reflecting its lateness.
  • Special circumstances justifying a departure from the standard statutory ratio between sentence and non-parole period were established where an extended period of parole supervision would assist the offender's rehabilitation after a first significant term of custody.
  • Prior drink-driving convictions spanning nearly a decade elevated personal deterrence to a prominent sentencing consideration alongside the general deterrence and denunciation that the Court of Criminal Appeal has identified as central to offences of this kind.

Legislation and Cases Referenced

Legislation:
- Crimes Act 1900 (NSW), s 52A(2), s 52A(7), s 52A(8)

Cases:
- R v Meakin [2019] NSWSC 1311 (reasons for verdict in the murder trial)