Australia, Aug. 19 -- New South Wales Land and Environment Court issued text of the following judgement on July 18:

1. Mr Mathew James Cole (also known as 'Matthew Webb'), the offender, is before the Court for sentencing following his plea of guilty to a charge (seq 5) that on 16 October 2023 at Bevendale, he drove at a dangerous speed occasioning death of another person, Lynn Keyworth, contrary to s 52A(1)(b) of the Crimes Act 1900 (NSW). The maximum penalty for this offence is 10 years' imprisonment. There is no standard non-parole period. The offence also carries an automatic period of disqualification.

2. There are certain remarks I wish to make at the outset. First, for those not familiar with the criminal justice system, it is important to emphasise that sentencing by individual judges, although discretionary, is not at large. Sentencing judges are constrained to apply the law. Specifically, they are constrained by statute made by the New South Wales Parliament and authoritative interpretation of statute by appellate courts. Secondly, and reinforcing the first point, fundamentally there is a maximum penalty that sentencing judges can impose. This represents Parliament's assessment of the seriousness of the offence. Thirdly, there are also a variety of sentencing considerations which can pull in different directions. They relate not only to the objective circumstances in which the offending occurred but also concern matters that are personal to the offender. Fourthly, the offence for which the offender is to be sentenced today is one that, but for the grace of God, many persons of even good character can commit, so that severe punishment may be meted out even against persons who would otherwise scarcely ever come before criminal courts. Fifthly, the nature of this offending is its ripple effects: it inevitably involves a tragedy on different levels; most obviously to the deceased, but also others. The criminal justice system can never really provide a salve to those who feel wounded by her death, since as Judge Anderson SC recently commented in R v Dale [2025] NSWDC 22 at [3]:

"A life should never be measured simply by the punishment imposed on the offender. No life or injury can ever be equated with a period of imprisonment or punishment, however that punishment takes its form."

3. The offender had also been charged with a related offence (seq 2) on a s 166 certificate that on the same date and place, he drove the vehicle whilst there was present in his blood a prescribed illicit drug (Methylamphetamine), contrary to s 111(1)(a) of the Road Transport Act 2013 (NSW). The maximum penalty, by operation of s 205(4) of the Road Transport Act, for that offence is 30 penalty units plus disqualification.

4. A back up charge on a s 166 certificate (negligent driving occasioning death) (seq 4) was withdrawn.

5. By his plea of guilty, the facts necessary to establish the elements of the primary offence and the offender's criminal liability for the offence have been determined. These facts are that on 16 October 2023 at Bevendale:

1) the offender was driving a vehicle: a white Isuzu D-Max Utility DB-16-BV (the 'vehicle');

2) the vehicle was involved in an impact occasioning the death of another person (Ms Lynn Keyworth);

3) at the time of the impact, the offender was driving at a speed dangerous to other persons.

6. The progress of this sentencing hearing has, unfortunately been chequered since the offender was committed for sentence on 4 December 2024 by the Goulburn Local Court. Part of the reason for that is that the parties were in dispute about the facts for a not insubstantial period. Another part of the reason for delay has been the unusually lengthy period of time that it took for the offender to obtain the opinion of a mental health professional.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1982be8637946af1ae55d6d7)

Disclaimer: Curated by HT Syndication.