R v Woods [2017] ACTSC 17

CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - Judgment and Punishment - Sentence - offences against the person - culpable driving of motor vehicle - causing grievous bodily harm - high concentration of alcohol - licence disqualification - terms of imprisonment - served by way of Intensive Corrections Order - Community Service.

Crimes (Sentence Administration) Act 2005 (ACT) s 42

Road Transport (Alcohol and Drugs) Act 1977 (ACT)

Road Transport (General) Act 1999 (ACT) s 62(1)(a)

1. Nathan Woods, you appear before me today for sentence with respect to one charge of culpable driving causing grievous bodily harm. A Statement of Facts was tendered by consent at the sentence hearing on 17 October 2016. I will not recite the facts as set out in that Statement of Facts.

2. It is sufficient to note that on 21 February 2016 you drove your vehicle with a high concentration of alcohol in your blood and at an excessive speed, which caused a collision resulting in grievous bodily harm to a passenger in the vehicle, Alex McCready. Mr McCready, who was a long-term friend of yours, suffered a lacerated and broken left ring finger and also sustained significant damage to his right eye. The maximum penalty for the offence of culpable driving causing grievous bodily harm is 10 years imprisonment. The relevant disqualification period pursuant to s 62(1)(a) of the Road Transport (General) Act 1999 (ACT) is six months or if the court orders a longer period, then that longer period.

3. I take into account your plea of guilty with respect to this charge and I accept that that was an early plea of guilty. I will reduce the otherwise appropriate sentence by 25 per cent in order to reflect your plea of guilty.

4. I take into account the reading which was a reading of 0.129 grams of alcohol in 100 millilitres of blood, which was a level 3 reading for the purposes of offences under the Road Transport (Alcohol and Drugs) Act 1977 (ACT). I also take into account the report of Dr Jamie Cox, a psychologist, which was tendered at the sentencing hearing and the various testimonials that were also tendered on your behalf. I further take into account without here reciting the contents of the victim impact statement which was prepared by Mr McCready.

5. Clearly, this is an offence which warrants a term of imprisonment. Driving with a reading of 0.129, and particularly driving at speed, is a very reckless act and in this particular case it has led to significant injuries to another member of the community which has caused great emotional and a degree of physical pain for the victim in this case.

6. It is clear that you have a problem with alcohol. As your counsel noted, one would have hoped the fact that having been involved in an offence like this might have tempered your tendency towards abuse of alcohol. However, it appears from the Instagram material which has been tendered by the prosecution this morning, that you continue to abuse alcohol. I do accept that that has not led at this time to any further offending.

7. Of course, the gravamen of the offence of culpable driving is not drinking. It is not consuming alcohol; it is getting behind the wheel of a car and driving after you have consumed alcohol. To put it frankly, you can drink alcohol until you kill yourself and there will be very few people who care, except for those who are close to you and your family. What you are not entitled to do is to get behind the wheel of a car after you have been consuming alcohol and put others at risk. What the Instagram material does demonstrate is that you are still in need of very significant counselling and perhaps also treatment in order to address a tendency towards abuse of alcohol.

8. I note that you are still a very young man and, as such, rehabilitation is a very significant sentencing consideration. You have no previous convictions, which is again a matter very much in your favour and calls for a degree of leniency. Although rehabilitation is a significant sentencing factor, offences such as these also call for sentences which recognise the importance of deterrence as a sentencing objective. It is important that any sentence which is passed by this Court sends a message to other young men like yourself who may be minded to consume alcohol to excess and then get behind the wheel of a car. As I have said, for that reason this is an offence which calls for a term of imprisonment.

9. I note the contents of the assessment for an Intensive Corrections Order and I am prepared to allow you to serve the sentence which I will impose by way of an Intensive Corrections Order. I will also impose a term of Community Service.

10. I record a conviction in respect of the offence and you will be sentenced to 15 months imprisonment, commencing today, 25 January 2017. I have reduced this from 20 months in order to reflect your plea of guilty. I will order that that sentence be served by way of an Intensive Corrections Order. I note that the Intensive Corrections Order will include the core conditions which are found in s 42 of the Crimes (Sentence Administration) Act 2005 (ACT). In addition:

(a) the order will include a Community Service condition requiring you to complete 200 hours of Community Service within a period of 12 months; and

(b) I recommend that the Director General require you to participate in counselling or programs or treatment directed towards addressing alcohol consumption, mental health issues and employment issues.

11. In addition, you will be disqualified from holding or obtaining a licence for a period of 18 months. The appropriate authorities are to take into account any period served under an immediate suspension notice in determining the commencement and expiration dates of that disqualification period.

12. Mr Woods, it must be very clear to you that you have very narrowly avoided a full-time term of imprisonment. It really is time for you to take stock of your lifestyle, particularly in terms of your abuse of alcohol, because if there is any repetition of this type of behaviour I see no alternative other than an immediate term of imprisonment.

I certify that the preceding twelve [12] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns.