Sentencing Dangerous Drivers in New South Wales: Impact of the Jurisic Guidelines on Sentencing Practice, 2002

• NCJ Number: 196391
• Author(s): Lynne A. Barnes; Patrizia Poletti; Ivan Potas
• Date Published: July 2002
• Length: 55 pages
• Corporate Author: Judicial Cmssn of New South Wales
• Sale Source: Judicial Cmssn of New South Wales
• Publication Format: Book (Softbound)
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Australia
• Note: Monograph Series 21

Annotation

This study examined the sentences imposed on offenders that pleaded guilty or were convicted of dangerous driving offenses in the higher courts of New South Wales (Australia).

Abstract

The goals of this study were (1) to determine if the guidelines in the case of R v. Jurisic contributed to achieving greater consistency in the sentences imposed for dangerous driving offenses; and (2) if there was a general increase in the severity of sentences imposed as a consequence of the guideline judgment. The guidelines handed down in the case of R v. Jurisic relate to sentences imposed for dangerous and aggravated dangerous driving offenses heard in the higher courts of New South Wales. In 1947, a new offense, the misdemeanor of “culpable driving,” was introduced because of the increase in motor vehicle accidents resulting in death or serious injury to another person. In the following years there were a number of both substantive and miscellaneous changes to this offense. The most significant change occurred in 1994 when the offense was replaced by the present regime of dangerous and aggravated dangerous driving with substantially increased penalties. In R v. Jurisic, it was concluded that there was an unacceptable level of inconsistency in the sentences imposed, and that there was a need to raise the general level of penalties to more adequately reflect the wishes of the community. In this study, sentencing patterns for cases decided 3 years before the guideline judgment were compared with patterns decided 3 years after the guidelines were imposed. Results indicate that there was not only greater consistency of result in the sentences handed down by the courts after the guideline judgment, but that there was a discernible increase in the severity of penalties imposed under the various categories of dangerous driving offenses. In examining the pattern of sentencing appeals, it was concluded that sentences were both more consistent and more severe after Jurisic. A noticeable drop in the number of Crown appeals was observed after the guidelines were introduced. 6 figures, 10 tables, 2 appendixes, bibliography