Citation: R v Wilkinson [2025] NSWDC 508
Court: District Court of New South Wales
Date: 10 November 2025
Judge: Conlon SC ADCJ
Background
On the morning of 20 June 2024, Bradley Wilkinson was driving his Toyota Hilux to work, with his 16-year-old son in the passenger seat, when a road rage incident developed with Rhyce Harding, 27, who was driving a Ford Ranger on Jersey Road at Blackett. After a series of aggressive driving manoeuvres, Wilkinson brought his vehicle to a complete stop, blocking Harding from merging. Harding got out of his vehicle and walked to Wilkinson's driver's window to confront him.
Wilkinson grabbed Harding's high-visibility jumper through the window and accelerated away, dragging Harding alongside the moving vehicle. Harding stumbled and fell under the rear tyre of the Hilux, which ran over his body. Bystanders heard a loud bang and came to Harding's aid, but he was pronounced dead at the scene at 9:02am.
Rather than stop and render assistance, Wilkinson drove to his workplace and remained there for several hours. He later parked his vehicle approximately 200 metres from his home and left on foot. After police released CCTV footage to the media and appealed for the driver to come forward, Wilkinson surrendered at Mount Druitt police station the following morning.
Legal Issues
- What was the appropriate indicative sentence for the manslaughter charge, taking into account objective seriousness, subjective factors, and the applicable sentencing principles?
- What was the appropriate indicative sentence for the charge of failing to stop and assist after an impact causing death?
- Whether an aggregate sentence was appropriate, and if so, what term and non-parole period correctly reflected totality and the purposes of sentencing?
- Whether special circumstances existed to justify departing from the standard non-parole period ratio under the Crimes (Sentencing Procedure) Act 1999 (NSW)?
Decision
Conlon SC ADCJ held that both offences were of considerable objective gravity. The manslaughter arose from a dangerous and unlawful act: deliberately grabbing and dragging another person while accelerating a heavy vehicle, with no regard for Harding's safety. The failure to stop and assist compounded the harm, denying the victim any chance of timely medical aid and demonstrating a callous disregard for human life.
The court acknowledged relevant subjective features, including Wilkinson's guilty pleas, his expression of remorse, and the fact this was his first experience of custody. His mental health was also noted as a factor. However, these matters were weighed against the gravity of the offending, the vulnerability of the victim, and the need for general and specific deterrence, as well as denunciation and community protection.
On the question of special circumstances, the court was not persuaded that the combination of Wilkinson's first-time custodial experience and mental health fragility was sufficient to vary the statutory ratio. The court noted that the sentence it imposed would, in any event, leave Wilkinson with a substantial period on parole to support his reintegration and reduce the risk of reoffending.
The court imposed an aggregate sentence under s 53A(1) of the Crimes (Sentencing Procedure) Act 1999, while specifying indicative sentences for each offence to ensure the full range of criminal conduct was properly reflected, consistent with the Court of Criminal Appeal's guidance in JM v R [2014] NSWCCA 297.
Orders Made
- Indicative sentence for manslaughter (s 18(1)(b) Crimes Act 1900): 13 years 6 months imprisonment.
- Indicative sentence for failing to stop and assist after impact causing death (s 52AB(1) Crimes Act 1900): 4 years 6 months imprisonment.
- Aggregate term of imprisonment: 16 years, commencing 21 June 2024 and expiring 20 June 2040.
- Aggregate non-parole period: 12 years, commencing 21 June 2024 and expiring 20 June 2036.
- Licence disqualification of 12 months under s 206A Road Transport Act, commencing upon release to parole.
Key Takeaways
- The District Court confirmed that an aggregate sentence under s 53A(1) of the Crimes (Sentencing Procedure) Act 1999 must still be accompanied by indicative sentences for each individual offence, so that the full scope of the offending is not obscured or minimised.
- A conviction for manslaughter based on an unlawful and dangerous act does not require an intention to kill; grabbing a person and accelerating a vehicle while holding them was found sufficient to ground liability on this basis.
- Fleeing the scene after causing a fatal impact, and the failure to render any assistance, was treated as a seriously aggravating feature reflecting callousness toward the victim.
- First-time custodial experience and mental health considerations, while relevant subjective matters, did not automatically establish special circumstances sufficient to justify departing from the statutory ratio between head sentence and non-parole period.
- A sentence of 16 years with a 12-year non-parole period for a road rage manslaughter resulting in death, coupled with a failure to stop and assist, reflects the courts' consistent emphasis on denunciation, general deterrence, and community protection for offending of this gravity.
Legislation and Cases Referenced
Legislation
- Crimes Act 1900 (NSW), ss 18(1)(b), 52AB(1)
- Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 5, 21A(2), 25D(2), 30E(1), 30E(3), 53A(1)
- Road Transport Act 2013 (NSW), s 206A
- Crimes Amendment (Road Accidents) Bill 2005
Cases
- JM v R [2014] NSWCCA 297
- Cahyadi v R [2007] NSWCCA 1
- DPP (Cth) v De La Rosa [2010] NSWCCA 194
- Franklin v R [2013] NSWLR 122
- Lee v R [2019] NSWCCA 65
- R v Blacklidge (Unreported, CCA, 12 December 1995)
- R v Forbes [2005] NSWCCA 377
- R v Loveridge [2014] NSWCCA 120
- R v Troja (Unreported, CCA, 16 July 1991)
- Stephenson v R [2008] NSWCCA 266
- Woodbridge v R [2010] NSWCCA 185