R v John Warren Westaway [2015] NSWDC 97

R v John Warren Westaway [2015] NSWDC 97

The police pursuit was the most serious offending conduct and was above the mid-range of objective seriousness because of the speeds, dangerous driving and risk to police and other road users. The drug supply offence was towards the lower level for that offence because the 16.42 grams of methylamphetamine was well below commercial quantity, although accompanied by indicia of supply. The offender's substantial criminal history showed continuing disobedience to the law, but his guilty pleas, remorse, acceptance of responsibility, drug and alcohol problems, unresolved grief, and suitability for treatment justified a finding of special circumstances. Applying totality and proportionality, an...

Jurisdiction
Australia
Judgment Date
19 June 2015
Procedural Posture
Criminal Sentencing / Remarks on Sentence Following Guilty Pleas
Outcome
Offender convicted on all counts and sentenced to an aggregate term of imprisonment with a non-parole period, further custody period, and driving disqualification.
Legal Topics
['police Pursuit' 'resist Officer' 'supply Prohibited Drug' 'intentionally or Recklessly Damage Property' 'aggregate Sentences' 'special Circumstances' 'totality' 'driver Licence Disqualification']
['criminal Law' 'sentencing'] ['police Pursuit' 'resist Officer' 'supply Prohibited Drug' 'intentionally or Recklessly Damage Property' 'aggregate Sentences' 'special Circumstances' 'totality' 'driver Licence Disqualification']

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Procedural Posture

Criminal Sentencing / Remarks on Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What aggregate sentence should be imposed for the four offences after guilty pleas.' 'Whether the police pursuit or the supply offence was the most serious offending conduct.' 'Whether special circumstances justified varying the statutory relationship between the non-parole period and the total sentence.' 'How the principles of totality, proportionality and concurrency should apply to offences arising out of the same circumstances.']

Ratio Decidendi

The police pursuit was the most serious offending conduct and was above the mid-range of objective seriousness because of the speeds, dangerous driving and risk to police and other road users. The drug supply offence was towards the lower level for that offence because the 16.42 grams of methylamphetamine was well below commercial quantity, although accompanied by indicia of supply. The offender's substantial criminal history showed continuing disobedience to the law, but his guilty pleas, remorse, acceptance of responsibility, drug and alcohol problems, unresolved grief, and suitability for treatment justified a finding of special circumstances. Applying totality and proportionality, an...

Court Disposition

Offender convicted on all counts and sentenced to an aggregate term of imprisonment with a non-parole period, further custody period, and driving disqualification.

Orders

  • ['Convicted on all Counts.' 'Aggregate sentence imposed pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999.' 'Non-parole period of 2 years and 3 months commencing on 19 April 2015 and expiring on 18 July 2017.' 'Further period of imprisonment of 1 year and 9 months commencing on 19 July 2017 and...