Vehicular Homicide and Consecutive Sentences (Part 2)

by | Oct 3, 2019 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

Justice Patterson continued in relevant part: Nothing in the trial court’s determination in this case suggests that it reached its decision through the application of a presumption, contrary to the Appellate Division’s suggestion. In the court’s detailed consideration of the facts before it, and its citation to the language of Carey, there was no mention of a presumption. We detect in the trial court’s analysis no misunderstanding of the governing principles.

Consistent with Yarbough and Carey, the trial court acted within its discretion when it found that the injuries inflicted on multiple victims in this case warranted consecutive sentences. As Carey mandated, the trial court carefully considered whether the accident’s impact on multiple victims “renders the collective group of offenses distinctively worse” than those offenses would be had defendant killed or injured only one individual. The court deemed the impact of defendant’s conduct on both R.S. and M.J.G. to be the “worst consequences imaginable,” and observed that the impact of defendant’s conduct on M.G. to be “extremely serious”: a child, R.S., was killed; another child, M.J.G., was permanently paralyzed; and M.G. was seriously and permanently injured. To the trial court, the imposition of concurrent sentences for defendant’s offenses would not ensure accountability.

The trial court considered the fairness of a thirty-two-year aggregate NERA sentence, taking into account defendant’s age. See State v. Cuff, ___ N.J. ___ (2019) (slip op. at 37-38) (reminding trial courts to consider the fairness of an aggregate sentence); State v. Abdullah (2005) (same). It properly viewed its primary obligation, however, not to ensure that defendant would live long enough to be released on parole, but to craft a sentence warranted by the offenses.

Every consecutive sentence in multiple victim cases strengthens the informal presumption against concurrent sentences. This is because the New Jersey Supreme Court also requires sentencing parity, i.e. that similar cases have similar sentences.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr.Sisto helped me with my registration recently and it was a success. He was not only professional, but he answered in a timely matter and was very detail-oriented. He made sure my issue was resolved as fast as he could. I highly recommend Mr.Sisto to anyone who is experiencing legal issues.
Daniella T
Google star 1Google star 2Google star 3Google star 4Google star 5
Deserved 5 star review. I got all my charges dismissed.
Mraz09222
Google star 1Google star 2Google star 3Google star 4Google star 5
Professional, knowledgeable and responsive. I would highly recommend Fritz to any friend or family members.
William S
Google star 1Google star 2Google star 3Google star 4Google star 5
I think Fred's alerts are a great service to his audience and a very smart marketing tool. Keep up the good work, Fred.
Charles O
Google star 1Google star 2Google star 3Google star 4Google star 5
always feel better knowing I don't need to be stopped when I haven't done anything wrong it's a great service and gives me peace of mint
Liesel T
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is the best! He is extremely professional and kept constant contact so I was always in the loop. My charges got dismissed and I couldn't be happier. Would highly recommend!
Ryan T
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Fred Sisto handled a case regarding my business. He was always available to answer my calls directly and helped me with any questions I had. He also had the case dismissed before I was even able to make it to the court room! I know it can be difficult when finding an attorney but I know I made no mistake choosing the law offices of Frederick Sisto, I highly recommend him!!
Kari J
Google star 1Google star 2Google star 3Google star 4Google star 5
I like getting the DUI checkpoint alerts from Fred’s office. I’m not much of a drinker but I like to avoid the hassles of checkpoints. Thanks Fred
Denise M
Google star 1Google star 2Google star 3Google star 4Google star 5
Thanks for sharing this information.
Joe F
Google star 1Google star 2Google star 3Google star 4Google star 5
Very dedicated lawyer. Highly recommend he communicates very well with you. If you have any doubts he’s always there to answer my questions or concerns. Super nice and understanding, definitely deserves 5- stars in my book .
Hirma O