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On 7 November 2006 when SBF was 17 years old, he drove a vehicle at high speed, resulting in the death of two young persons, MA and DF and serious injury to a third young person KL. SBF pleaded guilty on 8 May 2008 and was sentenced on 8 August 2008 to an overall sentence of seven years 10 months imprisonment and a non-parole period of four years three months.
SBF appealed against the District Court decision - there were four grounds of appeal - including that the sentencing Judge erred in his assessment of the aggravating features of the offences and that the sentence was manifestly excessive. The Court of Criminal Appeal hearing this appeal referred to what the sentencing Judge said at the time of the decision in August 2008, including:
"These offences are of course extremely serious. This case is yet another example of young people failing to heed the warnings regarding the dangers of speed, whilst driving motor vehicles. There was on the part of the offender, and it is so conceded by his learned counsel, a complete abandonment of responsibility. As a result of this appalling incident of driving, two young men have lost their lives and another young woman has been seriously and permanently impaired. The grief and loss consequent upon these deaths and injury, can barely be imagined but some idea can be gained from the victim impact material."
The three Judges rejected all four grounds of appeal and upheld the sentence imposed in August 2008.
SBF v R [2009] NSWCCA 321, 10 September 2009, SpigelmanCJ, McClellan CJ & Johnson J
Newspaper articles on Proquest ANZ Newsstand, available remotely to registered clients of the State Library of NSW. Set dates to 7 November 2006 to 30 November 2006. Type in young driver and accident and death.
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