R v Wells (No 2) [2016] NSWDC 313

R v Wells (No 2) [2016] NSWDC 313

A custodial sentence is required for negligent driving occasioning death to bring home the consequences to other road users and reflect the seriousness of the loss of life. However, due to mitigating factors including community service, absence of criminal history, personal and family circumstances, and sentencing statistics, the sentence should be less than the maximum and may appropriately be served by way of an Intensive Corrections Order if suitable.

Parties
Prosecution: The Crown; Offender: Ian Jeffrey Wells
Jurisdiction
Australia
Judgment Date
16 September 2016
Procedural Posture
Criminal / Sentencing (adjourned for ICO Suitability Assessment)
Outcome
Offender referred for assessment for Intensive Corrections Order; sentencing adjourned.
Legal Topics
Sentencing, Negligent Driving Causing Death, Intensive Corrections Order, Breach of Road Rule 38
Criminal Law Sentencing Negligent Driving Causing Death Intensive Corrections Order Breach of Road Rule 38

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Parties

The Crown

Prosecution

Ian Jeffrey Wells

Offender

Procedural Posture

Criminal / Sentencing (adjourned for ICO Suitability Assessment)

Legal Issues

  1. 1 Appropriate sentence for negligent driving causing death and breach of Road Rule 38
  2. 2 Whether sentence should be served by way of Intensive Corrections Order
  3. 3 Consideration of remorse and mitigating features

Ratio Decidendi

A custodial sentence is required for negligent driving occasioning death to bring home the consequences to other road users and reflect the seriousness of the loss of life. However, due to mitigating factors including community service, absence of criminal history, personal and family circumstances, and sentencing statistics, the sentence should be less than the maximum and may appropriately be served by way of an Intensive Corrections Order if suitable.

Court Disposition

Offender referred for assessment for Intensive Corrections Order; sentencing adjourned.

Orders

  • Proceedings adjourned for assessment as to suitability for Intensive Corrections Order.
  • Adjourned to 2 December 2016 for sentence.