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District Court 1 December 2023

R v Edwards

[2023] NSWDC 530

Traffic & driving
CRIMINAL LAW SENTENCE WHERE FIVE YOUNG PEOPLE DIED EXCESSIVE SPEED IMPORTANCE OF GENERAL DETERRENCE LESS WEIGHT TO YOUTH

Citation: R v Edwards [2023] NSWDC 530
Court: District Court of New South Wales
Date: 1 December 2023
Judge: O'Brien AM DCJ

Background

On 6 September 2022, an 18-year-old P2 licence holder drove a Nissan Navara utility through the Wollondilly area of New South Wales at grossly excessive speeds, repeatedly exceeding posted limits by large margins. Five young passengers, aged between 14 and 16 years, were in the vehicle. The driver had filmed himself swerving the car at speed for social media and had stated on video that he intended to drive at 160 km/h "the whole way."

A high-speed collision at Buxton killed all five passengers at the scene. GPS and phone data confirmed the vehicle was travelling well above the applicable speed limit at the time of impact. The four rear passengers were sharing three seatbelt positions.

The offender pleaded guilty in the Local Court to five counts of aggravated dangerous driving occasioning death under s 52A(2) of the Crimes Act 1900 (NSW). The circumstance of aggravation was that the vehicle exceeded the speed limit by more than 45 km/h. Each offence carries a maximum penalty of 14 years imprisonment, with no standard non-parole period.

  • What is the appropriate assessment of the objective seriousness of five concurrent counts of aggravated dangerous driving occasioning death?
  • What weight should be given to the offender's youth (aged 18 at the time) in the context of offending of this gravity?
  • How should the sentencing purposes of general deterrence, denunciation, accountability, and recognition of harm be balanced against subjective mitigating factors?
  • What discount applied for the early guilty plea, and how should the aggregate sentence be structured?
  • Whether special circumstances warranted a departure from the standard ratio between the non-parole period and total sentence?
  • What disqualification period applied under the Road Transport Act 2013 (NSW)?

Decision

The court assessed the objective seriousness of the offending as very high. The offender was a provisional licence holder who drove at grossly excessive speeds over an extended period, filmed himself performing dangerous manoeuvres, and broadcast his intention to continue at dangerous speeds before picking up the remaining passengers. His conduct represented a complete and sustained abandonment of his responsibilities as a road user.

His Honour acknowledged the offender's youth as a relevant mitigating factor but gave it significantly reduced weight. The gravity and sustained nature of the offending, combined with the catastrophic consequences, meant that general deterrence, denunciation, and accountability assumed primary importance in the sentencing calculus. The court noted that youth ordinarily favours rehabilitation and reduced moral culpability, but those considerations could not substantially diminish the weight of the principal sentencing purposes in a case of this character.

The offender received a 25% discount on sentence for his early guilty pleas. In mitigation, the court took into account genuine remorse, evidence of self-punishment, the development of serious and ongoing mental health conditions following the crash, and the fact that this was his first custodial sentence. These factors were weighed carefully against the need for an appropriately stern response to the objective circumstances of the offending.

Special circumstances were found to exist, justifying a greater proportion of the total sentence allocated to the parole period. The court identified the offender's youth, his need for ongoing mental health treatment, the fact that this was his first custodial sentence, and his anticipated need for supervision and support upon release as the basis for that finding. The minimum custodial period was set at 7 years.

Orders Made

  • The offender was convicted on all five counts.
  • An aggregate term of imprisonment of 12 years was imposed, with a non-parole period of 7 years, commencing 12 July 2023.
  • Eligibility for parole: 11 July 2030.
  • Sentence expiry: 11 July 2035.
  • The offender was disqualified from holding or obtaining a driver licence for the automatic period of three years under the Road Transport Act 2013, to commence upon release from custody (per s 206A).
  • Section 206B of the Road Transport Act 2013 was applied, requiring the period of pre-conviction licence suspension to be accounted for.

Key Takeaways

  • In cases involving multiple deaths from dangerous driving, the District Court confirmed that general deterrence, denunciation, accountability, and recognition of harm are the principal sentencing purposes, and they carry significant weight even where the offender is young and has pleaded guilty at the earliest opportunity.

  • The offender's youth at the time of offending (18 years) was a mitigating factor, but the court accorded it reduced weight given the sustained, deliberate, and gravely consequential nature of the conduct.

  • Where an offender has developed serious mental health conditions following the offending, particularly in conjunction with evidence of genuine remorse and self-punishment, those circumstances may be taken into account in mitigation without diminishing the objective gravity of the offence.

  • Special circumstances warranting an extended parole period were established through a combination of factors: the offender's age, the first custodial sentence, diagnosed chronic mental health conditions requiring post-release treatment, and the need for structured reintegration support.

  • Under s 206A of the Road Transport Act 2013, any licence disqualification period imposed upon conviction for aggravated dangerous driving occasioning death is extended by the period of imprisonment and does not commence until the offender's release from custody.

Legislation and Cases Referenced

Legislation
- Crimes Act 1900 (NSW), s 52A(2)
- Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 53A
- Road Transport Act 2013 (NSW), ss 205(4), 206A, 206B

Cases
- Byrne v R; Cahill v R [2021] NSWCCA 185
- Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194
- DS v R; DM v R [2022] NSWCCA 156
- Elias v The Queen (2013) 248 CLR 483
- Hili v The Queen (2010) 242 CLR 520
- Osman v R [2020] NSWCCA 78
- Paterson v R [2021] NSWCCA 273
- Pender v R [2023] NSWCCA 291
- R v Dawson [2022] NSWSC 1632
- R v Eaton [2023] NSWCCA 125
- R v Engert (1995) 84 A Crim R 67
- R v Fidow [2004] NSWCCA 172
- R v Greaves [2014] NSWCCA 194
- R v Jarad Smith [2016] NSWCCA 75
- R v Kennedy [2000] NSWCCA 527
- R v Koosmen [2004] NSWCCA 359
- R v McKeown [2013] NSWDC 22
- R v Price [2004] NSWCCA 186
- R v Wilkins (1988) 38 A Crim R 445
- Restricted judgment [2023] NSWCCA 10