R v Saunders [2021] NSWDC 508

R v Saunders [2021] NSWDC 508

The court found the index offence was below mid-range but not at the lowest end, because the offender drove a high-powered vehicle into two police vehicles, caused $28,800 damage and likely caused apprehension to police, although the incident was brief and no imminent danger was identified. The offender's early guilty plea warranted a 25% discount. Despite his serious prior record and offending while on parole, his lifetime deprivation, Aboriginal background, trauma, acquired brain injury, intellectual and cognitive deficits and physical impairments substantially reduced his moral culpability and reduced the weight of general and specific deterrence. No sentence other than imprisonment...

Jurisdiction
Australia
Judgment Date
24 September 2021
Procedural Posture
Criminal Sentence / Remarks on Sentence After Guilty Plea
Outcome
Full-time custodial sentence imposed. The offender was convicted of the index offence, sentenced to imprisonment with a non-parole period, convicted with no further penalty on the related s 166 certificate offence, disqualified from driving, and parole recommendations were made.
Legal Topics
['use Offensive Weapon to Prevent Lawful Detention' 'take and Drive Conveyance Without Consent of Owner' 'never Licensed Person Drive Vehicle on Road' 'form 1 Offences' 'parole Revocation' 'aboriginal Offender and Social Deprivation' 'cognitive Impairment and Acquired Brain Injury' 'special Circumstances' 'covid 19 Prison Conditions']
['criminal Law' 'sentencing'] ['use Offensive Weapon to Prevent Lawful Detention' 'take and Drive Conveyance Without Consent of Owner' 'never Licensed Person Drive Vehicle on Road' 'form 1 Offences' 'parole Revocation' 'aboriginal Offender and Social Deprivation' 'cognitive Impairment and Acquired Brain Injury' 'special Circumstances' 'covid 19 Prison Conditions']

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Procedural Posture

Criminal Sentence / Remarks on Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for use offensive weapon to prevent lawful detention pursuant to s 33B(1)(a) of the Crimes Act 1900.' 'What weight should be given to the Form 1 offence of take and drive conveyance without consent of owner.' 'Whether full-time imprisonment was the only appropriate sentencing option under s 5 of the Crimes (Sentencing Procedure) Act 1999.' "How the offender's Aboriginal background, lifetime deprivation, trauma, acquired brain injury, cognitive deficits and physical impairments affected moral culpability and deterrence." 'Whether special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 were established.']

Ratio Decidendi

The court found the index offence was below mid-range but not at the lowest end, because the offender drove a high-powered vehicle into two police vehicles, caused $28,800 damage and likely caused apprehension to police, although the incident was brief and no imminent danger was identified. The offender's early guilty plea warranted a 25% discount. Despite his serious prior record and offending while on parole, his lifetime deprivation, Aboriginal background, trauma, acquired brain injury, intellectual and cognitive deficits and physical impairments substantially reduced his moral culpability and reduced the weight of general and specific deterrence. No sentence other than imprisonment...

Court Disposition

Full-time custodial sentence imposed. The offender was convicted of the index offence, sentenced to imprisonment with a non-parole period, convicted with no further penalty on the related s 166 certificate offence, disqualified from driving, and parole recommendations were made.

Orders

  • ['The offender is convicted, pursuant to s 33B(1)(a) of the Crimes Act 1900, of the offence in sequence 10, use offensive weapon to prevent lawful detention.' 'The offender is sentenced to a non-parole period of 1 year and 10 months, to commence on 5 August 2020 and to terminate on 4 June 2022.' 'The balance of the...