Key Facts
- •Nathan Schultz (aged 22) convicted of causing death by dangerous driving (count 1) and other related driving offences.
- •Incident occurred on September 14, 2020, when Schultz's car struck and killed a cyclist, Agnieszka Pocztowska.
- •Schultz was unlicensed, uninsured, and had consumed alcohol before driving.
- •He did not stop after the collision and continued driving, hitting another cyclist.
- •Schultz's driving involved briefly being on the wrong side of the road before the fatal collision.
- •Initial sentence: 9 years' imprisonment for count 1, plus concurrent and consecutive sentences for other offences, totaling 10 years.
- •Appeal focused solely on the sentence for causing death by dangerous driving.
Legal Principles
Sentencing for causing death by dangerous driving should be determined by the level of seriousness of the driving, considering factors such as the standard of driving, risk created, and presence of aggravating or mitigating factors.
Sentencing Guidelines Council's definitive guideline in respect of causing death by dangerous driving
Level 1 offences involve a flagrant disregard for the rules of the road, often characterized by prolonged bad driving, gross impairment due to alcohol/drugs, or a combination of factors.
Sentencing Guidelines Council's definitive guideline
Level 2 offences create a substantial risk of danger and may involve greatly excessive speed, gross distraction, or impairment due to alcohol/drugs (though not gross impairment).
Sentencing Guidelines Council's definitive guideline
Outcomes
Appeal against sentence allowed in part.
The court found the judge erred in classifying the driving as a Level 1 offence. The evidence did not support a finding of prolonged bad driving or gross impairment due to alcohol. While several factors pointed to dangerous driving, they did not cumulatively justify a Level 1 classification.
Nine-year sentence for count 1 quashed and replaced with six years' imprisonment.
The court reclassified the offence as Level 2, resulting in a lower starting point. Aggravating factors (failure to stop, driving with a shattered windscreen) justified an increase from the starting point. The total sentence was reduced to seven years.