R v Butler; R v Russell [2021] NSWDC 666

R v Butler; R v Russell [2021] NSWDC 666

Both Butler and Russell participated in a joint criminal enterprise to intimidate occupants of a vehicle for monetary gain, leading to a high-speed pursuit culminating in death and injury. Butler was the principal actor by reason of his direct and dangerous driving which was the substantial cause of the fatality and injuries, warranting substantial cumulative sentences. Russell's liability derived from his role in the shared enterprise, though his culpability and role were less than Butler's. Due consideration was given to their moral culpability, backgrounds, institutionalisation and Indigenous status, but also to community protection and totality. Guilty plea discounts afforded only as...

Parties
Offender: Darren Butler; Offender: Andrew Douglas Russell; Prosecutor: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
09 December 2021
Procedural Posture
Criminal / Sentence Judgment and Sentence Appeal Determination
Outcome
Appeal on summary sentence dismissed; sentences imposed as detailed for each offender.
Legal Topics
Sentencing, Appeal Against Sentence, Manslaughter (by Unlawful and Dangerous Act), Dangerous Driving Causing Grievous Bodily Harm, Police Pursuit, Take and Drive Conveyance, Drive Whilst Disqualified, Youth and Social Disadvantage – Effect on Sentencing, Totality Principle, Guilty Plea Discounts, Accumulation and Concurrency, Parity Between Co Offenders
Criminal Law Sentencing Appeal Against Sentence Manslaughter (by Unlawful and Dangerous Act) Dangerous Driving Causing Grievous Bodily Harm Police Pursuit Take and Drive Conveyance Drive Whilst Disqualified +5 more

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Parties

Darren Butler

Offender

Andrew Douglas Russell

Offender

Director of Public Prosecutions

Prosecutor

Procedural Posture

Criminal / Sentence Judgment and Sentence Appeal Determination

Legal Issues

  1. 1 Appropriate sentences for manslaughter by unlawful and dangerous act involving joint criminal enterprise and high-speed pursuit
  2. 2 Sentencing for dangerous driving causing grievous bodily harm
  3. 3 Application of totality and parity principles between co-offenders with differing roles and culpability

Ratio Decidendi

Both Butler and Russell participated in a joint criminal enterprise to intimidate occupants of a vehicle for monetary gain, leading to a high-speed pursuit culminating in death and injury. Butler was the principal actor by reason of his direct and dangerous driving which was the substantial cause of the fatality and injuries, warranting substantial cumulative sentences. Russell's liability derived from his role in the shared enterprise, though his culpability and role were less than Butler's. Due consideration was given to their moral culpability, backgrounds, institutionalisation and Indigenous status, but also to community protection and totality. Guilty plea discounts afforded only as...

Court Disposition

Appeal on summary sentence dismissed; sentences imposed as detailed for each offender.

Orders

  • Butler: Appeal against intentionally damage property by fire dismissed. Aggregate sentence of 13 years imprisonment with non-parole period of 9 years 3 months (to commence 30 May 2021), balance of term 3 years 9 months; eligibility for parole 29 August 2030; driver licence disqualifications imposed.
  • Butler: Drive while disqualified – convicted, disqualified from driving for 6 months.