R v Stuart John INNES [2009] NSWDC 345

R v Stuart John INNES [2009] NSWDC 345

Given the seriousness of the offender's conduct, high blood alcohol reading, severe injuries to multiple victims, past drink driving convictions, and the requirements of general and personal deterrence as per guideline judgments, a term of full-time imprisonment is warranted, with partial accumulation to reflect multiple victims. Special circumstances justify a longer parole period to facilitate rehabilitation and re-entry into the community.

Jurisdiction
Australia
Judgment Date
18 November 2009
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted on two counts of aggravated dangerous driving occasioning grievous bodily harm; sentenced to three years and nine months imprisonment with specified non-parole periods and driver’s licence disqualification; backup charges withdrawn and dismissed.
Legal Topics
['sentencing' 'aggravated Dangerous Driving Occasioning Grievous Bodily Harm' 'driving Under the Influence']
['criminal Law'] ['sentencing' 'aggravated Dangerous Driving Occasioning Grievous Bodily Harm' 'driving Under the Influence']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for aggravated dangerous driving occasioning grievous bodily harm while under the influence of intoxicating liquor with a high range prescribed concentration of alcohol?']

Ratio Decidendi

Given the seriousness of the offender's conduct, high blood alcohol reading, severe injuries to multiple victims, past drink driving convictions, and the requirements of general and personal deterrence as per guideline judgments, a term of full-time imprisonment is warranted, with partial accumulation to reflect multiple victims. Special circumstances justify a longer parole period to facilitate rehabilitation and re-entry into the community.

Court Disposition

Offender convicted on two counts of aggravated dangerous driving occasioning grievous bodily harm; sentenced to three years and nine months imprisonment with specified non-parole periods and driver’s licence disqualification; backup charges withdrawn and dismissed.

Orders

  • ['For the offence against Ms Kinder: 1 year 11 months non-parole period from 18/11/2009 to 17/10/2011, balance 1 year 1 month to 17/11/2012.' 'For the offence against Mr McGuire: 1 year 2 months non-parole period from 18/08/2010 to 17/10/2011, balance 1 year 10 months to 17/08/2013; cumulative by 9 months on the...