R v CHARTERS [2008] NSWDC 258

R v CHARTERS [2008] NSWDC 258

A custodial sentence with a non-parole period of 18 months and a head sentence of 2.5 years is appropriate for three counts of dangerous driving occasioning grievous bodily harm while under the influence of ecstasy, having regard to the guideline judgments, the serious consequences, the high level of moral culpability, the early guilty plea and the offender’s prospects of rehabilitation.

Jurisdiction
Australia
Judgment Date
15 August 2008
Procedural Posture
Criminal / Sentencing
Outcome
offender sentenced to full-time imprisonment
Legal Topics
['dangerous Driving Occasioning Grievous Bodily Harm' 'sentencing' 'driving Under the Influence of Drugs']
['criminal Law'] ['dangerous Driving Occasioning Grievous Bodily Harm' 'sentencing' 'driving Under the Influence of Drugs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for dangerous driving occasioning grievous bodily harm while under the influence of ecstasy?' "How do the circumstances of the offence, including early guilty pleas and the offender's personal circumstances, affect sentencing?"]

Ratio Decidendi

A custodial sentence with a non-parole period of 18 months and a head sentence of 2.5 years is appropriate for three counts of dangerous driving occasioning grievous bodily harm while under the influence of ecstasy, having regard to the guideline judgments, the serious consequences, the high level of moral culpability, the early guilty plea and the offender’s prospects of rehabilitation.

Court Disposition

offender sentenced to full-time imprisonment

Orders

  • ['For offences relating to Mr Darwin and Mr Jones: two years imprisonment with a non-parole period of one year commencing 3 July 2008.' 'For the offence involving Mrs Hamilton: two years imprisonment with a non-parole period of one year commencing 3 January 2009.' 'Effective sentence: two and a half years...