R v EBSWORTH [2024] NSWDC 377

R v EBSWORTH [2024] NSWDC 377

Despite significant subjective matters reducing moral culpability, including deprived background, youth, mental ill-health, remorse and guilty pleas, the objectively serious offending involved a prolonged and dangerous police pursuit, use of a vehicle to prevent lawful apprehension, injuries to police officers, prior similar offending and commission while on parole. No penalty other than imprisonment was appropriate. Applying the totality principle, a 25% guilty plea discount, special circumstances and the need for rehabilitation and community protection, the Court imposed an aggregate term of imprisonment with a non-parole period and referred the offender to the Drug Court for possible...

Jurisdiction
Australia
Judgment Date
23 August 2024
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas
Outcome
Offender convicted and sentenced to an aggregate term of imprisonment of 5 years and 9 months with a non-parole period of 3 years and 3 months; referred to the Drug Court to determine whether he should be the subject of a compulsory drug treatment order.
Legal Topics
['police Pursuit and Dangerous Driving' 'use of Offensive Weapon to Prevent Lawful Apprehension' 'assault Occasioning Actual Bodily Harm to Police Officers' 'form 1 Offences' 'guilty Plea Discount' 'profound Childhood Deprivation' 'mental Ill Health' 'self Induced Intoxication' 'aggregate Sentence' 'compulsory Drug Treatment Order Referral']
['criminal Law' 'sentencing'] ['police Pursuit and Dangerous Driving' 'use of Offensive Weapon to Prevent Lawful Apprehension' 'assault Occasioning Actual Bodily Harm to Police Officers' 'form 1 Offences' 'guilty Plea Discount' 'profound Childhood Deprivation' 'mental Ill Health' 'self Induced Intoxication' 'aggregate Sentence' 'compulsory Drug Treatment Order Referral']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas

Legal Issues

  1. 1 ['What aggregate sentence should be imposed for the four principal offences committed on 13 July 2023.' "How the Form 1 offences of driving whilst disqualified and driving with methylamphetamine in the offender's blood should be taken into account on sentence for charge sequence 1." "What weight should be given to the offender's guilty pleas, remorse, deprived background, youth, mental ill-health, intoxication, criminal history and offending while on parole." 'Whether special circumstances justified a longer balance of term and whether the offender should be referred to the Drug Court for consideration of a compulsory drug treatment order.']

Ratio Decidendi

Despite significant subjective matters reducing moral culpability, including deprived background, youth, mental ill-health, remorse and guilty pleas, the objectively serious offending involved a prolonged and dangerous police pursuit, use of a vehicle to prevent lawful apprehension, injuries to police officers, prior similar offending and commission while on parole. No penalty other than imprisonment was appropriate. Applying the totality principle, a 25% guilty plea discount, special circumstances and the need for rehabilitation and community protection, the Court imposed an aggregate term of imprisonment with a non-parole period and referred the offender to the Drug Court for possible...

Court Disposition

Offender convicted and sentenced to an aggregate term of imprisonment of 5 years and 9 months with a non-parole period of 3 years and 3 months; referred to the Drug Court to determine whether he should be the subject of a compulsory drug treatment order.

Orders

  • ['The offender is convicted of charge sequences 1, 4, 6 and 8 on the Amended Charge Certificate dated 24 April 2024.' 'The offender is sentenced to an aggregate term of imprisonment for 5 years and 9 months.' 'The sentence is backdated to commence on 13 August 2023 and expires on 12 May 2029.' 'Pursuant to s 44(2A)...