Court Imposes Sentence for Dangerous Driving

R v Hackett [2021] VSC 773 (26 November 2021)

Mr Hacket crashed into the rear of the car, causing the death of its driver.  Mr Hackett was charged with the indictable offence of dangerous driving causing death and with the lesser alternative summary offences of dangerous driving and careless driving.  In dispute is whether a non-custodial sentence was open to him.  The Court, in resolving this dispute, assessed the several mitigating factors. 

Facts:

On 15 May 2018, while heading towards Melbourne on the Princes Freeway at Officer, Daniel Hackett crashed the garbage truck he was driving into the rear of a small car driven by John Styles.  The injuries Mr Styles sustained in the collision were not survivable and he died six days later.  Mr Hackett pleaded guilty to a charge of dangerous driving causing the death of Mr Styles.  While it was wet and visibility may have been reduced, prior to the crash, Mr Hackett had been travelling within the speed limit of 100 kph.

On 25 October 2018, Mr Hackett was charged with the indictable offence of dangerous driving causing death and with the lesser alternative summary offences of dangerous driving and careless driving.   On 3 June 2019, Mr Hackett was committed for trial in the County Court on the indictable charge.  On 27 July, the matter was adjourned to enable the Director of Public Prosecutions to consider whether to consent to a sentence indication hearing on dangerous driving causing death. 

Mr Hackett accepted that, for the accident to have occurred as it did, he must have lost concentration at some point.  As will be seen, however, his inattention was only momentary and external factors contributed to the accident, which lessened his moral culpability considerably.  Mr Hackett was also able to call on an impressive array of mitigating factors, including his plea of guilty, remorse, prior good character and excellent prospects of rehabilitation.  He was sentenced to a community correction order (“CCO”) for 20 months, with conviction. 

The Court considered it necessary that the matter be adjourned until 16 November in order to allow time for the provision of victim impact statements and a pre-sentence report on Mr Hackett’s suitability for a CCO.  The Court received six victim impact statements from Mr Styles’ family and a pre-sentence report prepared by Corrections Victoria.  

Issue:

Whether or not, notwithstanding grave victim impact and importance of general deterrence, a non-custodial sentence was open. 

Applicable law:

Crimes Act 1958 (Vic), s 319(1) - prohibits and penalizes the indictable offence of dangerous driving causing death. 

Criminal Procedure Act 2009 (Vic), ss 207-209 - relied upon by the Director of Public Prosecutions in considering whether to consent to a sentence indication hearing.

Sentencing Act 1991 (Vic) s 5 - applicable to cases of dangerous driving causing death committed since 28 October 2018.

Sentencing Act 1991 (Vic) s 6AAA - does not require the Court to declarethe sentence it would have imposed for this offence had Mr Hackett pleaded not guilty but been found guilty following a trial.  This is because the Court did not impose a term of imprisonment and the CCO is of less than two years’ duration.

DPP v Neethling [2009] VSCA 116; (2009) 22 VR 466 - their Honours adopted those mentioned by the New South Wales Court of Criminal Appeal when dealing with a similar offence.

Bell v The Queen [2018] VSCA 281 - where an offence of dangerous driving causing death (constituted by a car turning at an intersection and striking a pedestrian) that involved inattention by the driver for perhaps four seconds was found to be an instance of momentary inattention and an offence disclosing only low moral culpability.

R v Teh [2003] VSCA 169; (2003) 40 MVR 195 - held that the prospects of successful rehabilitation and the weight to be given to deterrence, both general and specific, would often need to be assessed against such a background.

Analysis:

Mr Hackett’s offence did not involve the aggravating features commonly seen in more serious examples of dangerous driving causing death as he was neither speeding nor was affected by drugs or alcohol or sleep deprivation.  This offence resulted in part from an interplay of factors outside of Mr Hackett’s control, including the sudden banking of traffic and Mr Styles’ heavy braking in response.  Mr Hackett’s decision to cease working as a truck driver, at considerable financial disadvantage, reflected feelings of responsibility and remorse for his offending and its dire consequences.  Furthermore, it was shown that Mr Hacket had prior good character, a limited history of driving offences or infringements, and excellent prospects of rehabilitation.

While the extensive delay between the accident and sentencing in the order of three-and-a-half years was a matter in mitigation, none of this delay was attributable to Mr Hackett.  Instead, in large part, it had resulted from the impact of the pandemic on the legal system.  The balance appeared to be attributable to a combination of the failure to disclose a prosecution expert report in a timely manner, the unavailability of counsel on one occasion, and the delays that, unfortunately, have become commonplace in many criminal matters.  Mr Hackett used the time well, by resuming work and continuing to support his family.

On several occasions instances of dangerous driving causing death of a similar order of gravity to Mr Hackett’s offence committed by persons with comparable mitigating factors working in their favour had resulted in sentences other than imprisonment.

Conclusion:

Balancing all factors as best the Court could, on the offence of dangerous driving causing the death of Mr Styles, the Court ordered that Mr Hackett be convicted and sentenced to a CCO of 20 months’ duration.  The CCO included all core conditions and additional conditions such as a treatment and rehabilitation condition requiring Mr Hackett to complete the Road Trauma Awareness Seminar (facilitated by RTSSV) or an equivalent programme; and a condition that Mr Hackett perform 200 hours of unpaid community work. The Court cancelled Mr Hackett's driver's licence and disqualified him from obtaining a further one for 20 months.