R v West [2019] NSWDC 967

R v West [2019] NSWDC 967

The offender's decision to drive after injecting ice, while returning from court on a prior drug-driving matter, over a substantial distance and after earlier veering onto the wrong side of the road, was a clear abandonment of her responsibility as a driver and made the objective seriousness high. The serious and ongoing injuries to multiple victims, the offender's prior traffic and criminal history and her being subject to s 9 bonds required full-time imprisonment, but her earliest guilty pleas warranted a 25% discount and her genuine remorse, first time in gaol, rehabilitation efforts and need for supervision supported special circumstances. An aggregate sentence of 5 years with a 3...

Jurisdiction
Australia
Judgment Date
27 May 2019
Procedural Posture
Criminal Sentence / Sentence Following Pleas of Guilty Entered in the Local Court
Outcome
The offender was convicted on each offence and sentenced to imprisonment, with back up offences withdrawn and dismissed and licence disqualification imposed.
Legal Topics
['aggravated Dangerous Driving Causing Grievous Bodily Harm' 'causing Bodily Harm by Misconduct' 'driving Under the Influence of Drugs' 'intoxication' 'victim Impact Statements' 'aggregate Sentencing' 'licence Disqualification']
['criminal Law' 'sentencing' 'traffic Offences'] ['aggravated Dangerous Driving Causing Grievous Bodily Harm' 'causing Bodily Harm by Misconduct' 'driving Under the Influence of Drugs' 'intoxication' 'victim Impact Statements' 'aggregate Sentencing' 'licence Disqualification']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Following Pleas of Guilty Entered in the Local Court

Legal Issues

  1. 1 ['What sentences should be imposed for three offences of aggravated dangerous driving causing grievous bodily harm and one offence of causing bodily harm by misconduct.' 'How the objective seriousness of the offences should be assessed given the offender drove under the influence of methylamphetamine and delta-9-THC ACID, crossed to the wrong side of the road and caused serious injuries to multiple victims.' 'Whether the injuries suffered by the victims amounted to a separate circumstance of aggravation under s 21A of the Crimes (Sentencing Procedure) Act 1999 (NSW).' "What weight should be given to the offender's early guilty pleas, remorse, criminal and traffic history, drug use, mental health history and prospects of rehabilitation." 'Whether special circumstances justified a longer than normal period on parole.']

Ratio Decidendi

The offender's decision to drive after injecting ice, while returning from court on a prior drug-driving matter, over a substantial distance and after earlier veering onto the wrong side of the road, was a clear abandonment of her responsibility as a driver and made the objective seriousness high. The serious and ongoing injuries to multiple victims, the offender's prior traffic and criminal history and her being subject to s 9 bonds required full-time imprisonment, but her earliest guilty pleas warranted a 25% discount and her genuine remorse, first time in gaol, rehabilitation efforts and need for supervision supported special circumstances. An aggregate sentence of 5 years with a 3...

Court Disposition

The offender was convicted on each offence and sentenced to imprisonment, with back up offences withdrawn and dismissed and licence disqualification imposed.

Orders

  • ['The offender is convicted in relation to each offence.' 'For sequences 4, 5 and 6, the offender is sentenced to an aggregate sentence pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 of 5 years, commencing 19 December 2017 and expiring 18 December 2022, with an aggregate non-parole period of 3...