MILSON v R [2013] NSWDC 267

MILSON v R [2013] NSWDC 267

Full-time imprisonment was required because the appellant had a serious traffic record, had repeatedly driven while disqualified, had previously served custody for similar offending, was on bail for a similar charge, and endangered the public during a peak-hour police pursuit at speeds up to and over 100 kilometres an hour in a 60 kilometre per hour zone. However, the Local Court sentence was reduced because of the appellant's significant personal changes, family responsibilities, likely maximum security conditions due to his record, and compliance with bail reporting, resulting in an aggregate sentence of 9 months imprisonment with a 5 month non-parole period.

Jurisdiction
Australia
Judgment Date
28 August 2013
Procedural Posture
Criminal Sentence Appeal Concerning Driving Whilst Disqualified and a Reckless Police Pursuit Offence / Appeal Against Sentence Imposed by the Local Court; Fresh Sentencing Exercise
Outcome
Sentence appeals upheld; Local Court sentences reduced and an aggregate sentence imposed.
Legal Topics
['drive While Disqualified' 'police Pursuit Not Stop Drive Recklessly' 'full Time Custody' 'aggregate Sentence' 'non Parole Period' 'parole' 'driver Licence Disqualification']
['criminal Law' 'sentencing' 'traffic Offences'] ['drive While Disqualified' 'police Pursuit Not Stop Drive Recklessly' 'full Time Custody' 'aggregate Sentence' 'non Parole Period' 'parole' 'driver Licence Disqualification']

Case Brief

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Procedural Posture

Criminal Sentence Appeal Concerning Driving Whilst Disqualified and a Reckless Police Pursuit Offence / Appeal Against Sentence Imposed by the Local Court; Fresh Sentencing Exercise

Legal Issues

  1. 1 ["Whether the appellant's sentence should involve full-time custody or could be served in the community" "Whether the appellant's serious criminal and traffic record aggravated the sentencing exercise" 'Whether the Local Court sentences should be reduced in light of changed personal circumstances, maximum security custody consequences and bail reporting' 'What aggregate sentence, non-parole period, parole order and licence disqualification should be imposed']

Ratio Decidendi

Full-time imprisonment was required because the appellant had a serious traffic record, had repeatedly driven while disqualified, had previously served custody for similar offending, was on bail for a similar charge, and endangered the public during a peak-hour police pursuit at speeds up to and over 100 kilometres an hour in a 60 kilometre per hour zone. However, the Local Court sentence was reduced because of the appellant's significant personal changes, family responsibilities, likely maximum security conditions due to his record, and compliance with bail reporting, resulting in an aggregate sentence of 9 months imprisonment with a 5 month non-parole period.

Court Disposition

Sentence appeals upheld; Local Court sentences reduced and an aggregate sentence imposed.

Orders

  • ['An aggregate sentence of imprisonment for the two offences of 9 months imprisonment was imposed, commencing on 28 June 2013 and expiring on 27 March 2014.' 'A non-parole period of 5 months was fixed, commencing on 28 June 2013 and expiring on 27 November 2013.' 'Under s 50 of the Crimes (Sentencing Procedure) Act...