R v Bell [2022] NSWDC 685

R v Bell [2022] NSWDC 685

Given the very serious nature of the police pursuit and dangerous driving offences, the offender's prior criminal record, the foreseeability of risk and harm to others including police, and after accounting for his pleas of guilty, background of trauma and disadvantage, and current custodial circumstances, an aggregate sentence of three years and ten months' imprisonment is appropriate. Sentencing incorporates discounts for guilty pleas and considers the principle in Bugmy v The Queen due to the offender's background. Special circumstances are found, and fixed disqualification periods are also imposed, with all periods backdated as specified.

Parties
Crown: NSW DPP; Offender: Andrew Leigh Bell
Jurisdiction
Australia
Judgment Date
09 December 2022
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate sentence of imprisonment imposed with special circumstances and specified disqualification periods.
Legal Topics
Sentencing, Police Pursuit, Driving Manner Dangerous, Disqualification of Licence, Aggregate Sentence
Criminal Law Sentencing Police Pursuit Driving Manner Dangerous Disqualification of Licence Aggregate Sentence

Case Brief

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Parties

NSW DPP

Crown

Andrew Leigh Bell

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for multiple police pursuit and driving offences involving dangerous driving and driving while disqualified?
  2. 2 How should the offender's psychological and personal circumstances be weighed in sentencing?
  3. 3 Should injuries to a police officer in the course of apprehension be attributed to the offender for sentencing purposes?

Ratio Decidendi

Given the very serious nature of the police pursuit and dangerous driving offences, the offender's prior criminal record, the foreseeability of risk and harm to others including police, and after accounting for his pleas of guilty, background of trauma and disadvantage, and current custodial circumstances, an aggregate sentence of three years and ten months' imprisonment is appropriate. Sentencing incorporates discounts for guilty pleas and considers the principle in Bugmy v The Queen due to the offender's background. Special circumstances are found, and fixed disqualification periods are also imposed, with all periods backdated as specified.

Court Disposition

Aggregate sentence of imprisonment imposed with special circumstances and specified disqualification periods.

Orders

  • Aggregate head sentence of 3 years and 10 months' imprisonment imposed.
  • Indicative sentences: Seq 2 (and Form 1 offences 3 & 13): 2 years 7 months' imprisonment (after 25% discount); Seq 11: 2 years 6 months (after 25% discount); Seq 1: 6 months (after 25% discount).