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District Court 17 December 2024

R v Griffiths

[2024] NSWDC 605

HomicideTraffic & driving
CRIME SENTENCE DRIVE MANNER DANGEROUS CAUSING DEATH DRIVER OF PUBLIC BUS VICTIM IMPACT STATEMENTS REMORSE

Citation: R v Griffiths [2024] NSWDC 605
Court: District Court of New South Wales
Date: 17 December 2024
Judge: Fitzsimmons SC DCJ

Background

A public bus driver was charged with one count of dangerous driving occasioning death under s 52A(1)(c) of the Crimes Act 1900, following a fatal collision with a pedestrian at a signalised intersection in Wollongong on 27 June 2022. The pedestrian was lawfully crossing Corrimal Street when the offender, who had been stationary at a red right-turn arrow, began to make his turn after the arrow cleared to green. The front left side of the bus struck the pedestrian as she neared the end of her crossing; she was later pronounced dead at Wollongong Hospital.

CCTV footage from cameras mounted on the bus captured the sequence of events. It showed the offender looking out the side window for approximately three seconds while the pedestrian had already begun crossing. A car horn sounded almost simultaneously with the commencement of the turn, and the offender acknowledged to police at the scene that he had briefly looked in his mirror in response to the horn before hearing the impact. Mandatory testing confirmed the offender was free of alcohol and prohibited drugs, and the bus was found to have no mechanical defects.

The offender had no prior criminal history. His traffic record included several speeding offences and a number of camera-detected traffic light offences between 2015 and 2022, resulting in licence suspensions and warning letters at various points. He pleaded guilty and cooperated with police at the scene.

  • What was the appropriate assessment of the offender's moral culpability, having regard to the manner of driving and the circumstances of the collision?
  • What weight should be given to the offender's psychiatric condition, remorse, contrition, and rehabilitative prospects in sentencing?
  • Whether the sentence should be served by way of an Intensive Correction Order (ICO) rather than full-time custody, having regard to the offender's psychiatric disability and the risk that imprisonment would worsen his condition.

Decision

Fitzsimmons SC DCJ conducted a detailed sentencing exercise under the Crime (Sentencing Procedure) Act 1999, treating the maximum penalty of 10 years imprisonment as a guidepost. The court assessed the offender's moral culpability by reference to the manner of driving, which involved a momentary inattention at a critical point rather than sustained or deliberately reckless conduct. Nevertheless, the offender was driving a large public bus at a pedestrian-controlled intersection and bore a heightened duty of care in that role.

The court received and carefully considered victim impact statements from the deceased's daughter and niece. Both statements conveyed the profound and lasting grief caused by the death, and the court noted that the offender became visibly emotional and tearful as those statements were read. The court accepted that the offender's remorse and contrition were genuine, and that he had demonstrated insight into the harm caused.

A significant feature of the sentencing was the psychiatric evidence provided by Dr Anthony Samuels. Dr Samuels assessed the offender as severely psychiatrically unwell, identifying conditions that would likely be substantially worsened by full-time custody, including a risk of self-harm in the custodial setting. The court accepted that opinion and concluded that the offender's rehabilitation, prospects of reoffending, and community safety were better served by a sentence served in the community under an ICO. The court was satisfied that the conditions attached to the ICO would ensure the offender remained adequately punished and held accountable.

Orders Made

  • The offender is convicted.
  • A sentence of two years imprisonment is imposed, to be served by way of an Intensive Correction Order (ICO) commencing 17 December 2024.
  • Standard ICO conditions apply: no offending and submission to supervision by a Community Corrections Officer at the Wollongong Community Corrections office (to be attended within 7 days).
  • Additional conditions: 450 hours of community service work; compliance with reasonable directions of the offender's general practitioner and any treating psychiatrist, including treatment identified in Dr Samuels' report.
  • Disqualification from holding or obtaining a driver's licence for 3 years from the date of conviction (s 206B of the Road Transport Act 2013 applies).

Key Takeaways

  • The District Court confirmed that, even where a bus driver's dangerous driving involved a brief moment of inattention rather than sustained recklessness, a conviction for dangerous driving occasioning death under s 52A(1)(c) of the Crimes Act 1900 can still attract a term of imprisonment, with the 10-year maximum serving as the sentencing reference point.
  • Severe psychiatric illness, assessed by an independent psychiatrist and accepted by the sentencing court, can constitute a significant factor weighing against full-time custody where imprisonment would materially worsen the offender's condition and create a risk of self-harm.
  • An ICO remains available as a sentencing option for serious driving offences where the sentencing court is satisfied that community-based punishment, combined with supervision and treatment conditions, adequately reflects the purposes of sentencing under s 3A of the Crime (Sentencing Procedure) Act 1999.
  • Genuine remorse and contrition, demonstrated through a letter of apology, emotional responses during proceedings, and acceptance of responsibility, are capable of carrying meaningful weight in mitigation even in cases involving a fatality.
  • A traffic history including repeated camera-detected traffic light offences prior to the fatal incident is a relevant consideration in assessing moral culpability and the appropriateness of licence disqualification in dangerous driving sentencing.

Legislation and Cases Referenced

Legislation:
- Crimes Act 1900 (NSW), s 52A(1)(c)
- Crime (Sentencing Procedure) Act 1999 (NSW), ss 3A, 7(1), 66
- Road Transport Act 2013 (NSW), s 206B

Cases:
- Duncan v R [2012] NSWCCA 78
- R v McKeown [2013] NSWDC 22
- R v Smith [2016] NSWCCA 75
- R v Whyte (2002) 55 NSWLR 252
- R v Wran [2016] NSWSC 1015
- Stanley v Director of Public Prosecutions (NSW) [2023] HCA 3