R v Wheway [2020] NSWDC 25

R v Wheway [2020] NSWDC 25

The offender's driving over a 32 kilometre stretch included periods of dangerous and erratic conduct, with aggressive maneuvers and moments of high speed, leading directly to a collision that caused death and bodily harm. In light of the typical elements outlined in sentencing guidelines, the objective seriousness was assessed at about the middle of the range. Fulltime custody was required, with sentences appropriately partially accumulated to reflect the existence of two victims. Early plea, remorse, youth, and first-time imprisonment were mitigating factors justifying a reduction from the maximum available penalties.

Jurisdiction
Australia
Judgment Date
28 January 2020
Procedural Posture
Criminal / Sentence
Outcome
Convicted on both principal offences; sentenced to terms of fulltime custody, orders made for periods of disqualification and other related offences addressed by conviction without further order.
Legal Topics
['dangerous Driving Occasioning Death' 'causing Bodily Harm by Misconduct' 'sentencing' 'aggravating and Mitigating Factors' 'disqualification From Driving']
['criminal Law'] ['dangerous Driving Occasioning Death' 'causing Bodily Harm by Misconduct' 'sentencing' 'aggravating and Mitigating Factors' 'disqualification From Driving']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for dangerous driving causing death contrary to s 52A(1)(c) of the Crimes Act 1900?' 'What is the appropriate sentence for causing bodily harm by misconduct contrary to s 53 of the Crimes Act 1900?' 'How do aggravating and mitigating factors, including early plea, remorse, and driving record, affect sentencing?' 'What are the applicable periods of disqualification and non-parole periods for these offences?']

Ratio Decidendi

The offender's driving over a 32 kilometre stretch included periods of dangerous and erratic conduct, with aggressive maneuvers and moments of high speed, leading directly to a collision that caused death and bodily harm. In light of the typical elements outlined in sentencing guidelines, the objective seriousness was assessed at about the middle of the range. Fulltime custody was required, with sentences appropriately partially accumulated to reflect the existence of two victims. Early plea, remorse, youth, and first-time imprisonment were mitigating factors justifying a reduction from the maximum available penalties.

Court Disposition

Convicted on both principal offences; sentenced to terms of fulltime custody, orders made for periods of disqualification and other related offences addressed by conviction without further order.

Orders

  • ['Count 3: Convicted and sentenced to a term of imprisonment of 9 months commencing 9 March 2018 and expiring 8 December 2018, no separate non-parole period fixed.' 'Count 2: Convicted and sentenced to a non-parole period of 21 months from 9 September 2018 to 8 June 2020, with parole for 15 months thereafter,...