Wells v R [2024] NSWCCA 8

Wells v R [2024] NSWCCA 8

Only ground 3 of appeal was upheld: the sentencing judge erred in calculating the driver's licence disqualification period by failing to take into account the period from the actual suspension date rather than the date of arrest; this requires quashing and varying that order. Other grounds failed as the findings on objective seriousness and moral culpability were open to the judge, and good character/absence of previous convictions were adequately considered as mitigating factors.

Jurisdiction
Australia
Judgment Date
14 February 2024
Procedural Posture
Criminal Appeal / Determination of Appeal Against Sentence
Outcome
Appeal allowed in part (ground 3 upheld); otherwise dismissed.
Legal Topics
['sentencing' 'appeals' 'dangerous Driving' 'objective Seriousness' 'moral Culpability' 'licence Disqualification']
['criminal Law'] ['sentencing' 'appeals' 'dangerous Driving' 'objective Seriousness' 'moral Culpability' 'licence Disqualification']

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Procedural Posture

Criminal Appeal / Determination of Appeal Against Sentence

Legal Issues

  1. 1 ['Whether sentencing judge erred in assessing the objective seriousness and moral culpability as high for aggravated dangerous driving occasioning death' 'Whether failure to take into account good character and absence of previous convictions was an error in mitigation' 'Whether error occurred in the imposition and calculation of licence disqualification period']

Ratio Decidendi

Only ground 3 of appeal was upheld: the sentencing judge erred in calculating the driver's licence disqualification period by failing to take into account the period from the actual suspension date rather than the date of arrest; this requires quashing and varying that order. Other grounds failed as the findings on objective seriousness and moral culpability were open to the judge, and good character/absence of previous convictions were adequately considered as mitigating factors.

Court Disposition

Appeal allowed in part (ground 3 upheld); otherwise dismissed.

Orders

  • ['Extend time for the filing of the notice of appeal to 29 September 2023 and give leave for the appeal against sentence.' 'Uphold ground 3 of the appeal.' 'Quash the order of the sentencing judge in relation to the period of disqualification for sequence 4.' 'Disqualify the applicant for 1 year and 92 days.'...