Police v Aitken [2020] NSWLC 14

Police v Aitken [2020] NSWLC 14

Given the offender’s extensive and recidivist history of major traffic offences, driving whilst disqualified, on parole and conditional liberty at time of offending, objective seriousness for each offence is at upper range, requiring strong specific and general deterrence. Aggregate sentence is imposed for 4 years 4 days, with partial accumulation of sentences, and finding of special circumstances limited reduction in non-parole period.

Jurisdiction
Australia
Judgment Date
09 October 2020
Procedural Posture
Criminal / Sentencing
Outcome
aggregate sentence of imprisonment imposed with partial accumulation; special circumstances found
Legal Topics
['sentencing' 'driving Whilst Disqualified' 'police Pursuit' 'steal Motor Vehicle' 'aggregate Sentence' 'special Circumstances' 'deterrence' 'recidivism']
['criminal Law'] ['sentencing' 'driving Whilst Disqualified' 'police Pursuit' 'steal Motor Vehicle' 'aggregate Sentence' 'special Circumstances' 'deterrence' 'recidivism']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate aggregate sentence for recidivist driving whilst disqualified, police pursuit, and steal motor vehicle offences' "Whether offender's drug/alcohol dependency and social deprivation amount to 'special circumstances'" 'Proper application of deterrence, totality, and protection of the community principles in sentencing']

Ratio Decidendi

Given the offender’s extensive and recidivist history of major traffic offences, driving whilst disqualified, on parole and conditional liberty at time of offending, objective seriousness for each offence is at upper range, requiring strong specific and general deterrence. Aggregate sentence is imposed for 4 years 4 days, with partial accumulation of sentences, and finding of special circumstances limited reduction in non-parole period.

Court Disposition

aggregate sentence of imprisonment imposed with partial accumulation; special circumstances found

Orders

  • ['Offender sentenced to 4 years 4 days imprisonment from 26 March 2020 to 30 March 2024' 'Non-parole period set at 2 years 8 months from 26 March 2020 to 25 November 2022' 'Overall effective sentence: 5 years imprisonment from 31 March 2019 to 30 March 2024' 'Overall effective non-parole period: 3 years 6 months'...