Police v Elliot

Case [2022] NSWLC 23


Local Court


New South Wales

Medium Neutral Citation: Police v Elliot [2022] NSWLC 23
Hearing dates: 22 November 2022
Date of orders: 22 November 2022
Decision date: 12 December 2022
Jurisdiction:Criminal
Before: Stewart LCM
Decision:

Imprisonment 3 years NPP 20 months
Disqualification from driving 5 years

Catchwords:

Aggregate sentence – dangerous driving under the influence of a drug occasioning grievous bodily harm – cause bodily harm by misconduct of motor vehicle – record amounting to common law aggravation – conditional liberty for drive under the influence of drugs – steps towards rehabilitation – promote rehabilitation of offender - general deterrence – specific deterrence – protection of community – denunciation – make offender accountable for actions - objective seriousness – guideline judgment – abandonment of responsibility – high moral culpability – consideration of ICO – attitude of victim

Legislation Cited:

Crimes (Sentencing Procedure) Act1999 (NSW) s. 3A, 5, 21A, 22, 53A, 66

Crimes Act 1900 (NSW) s.52A(3), 53

Road Transport Act 2013 (NSW) s. 4, 9(2A), 9(5), 54(3)(a), 111, 112(1)(a), 205

Drug Misuse and Trafficking Act 1985 (NSW) s. 10

Cases Cited:

Director of Public Prosecutions (NSW) v Kirby [2017] NSWSC 1754

Gonzalez v R [2006] NSWCCA 4

Greaves v R [2020] NSWCCA 140

Jibran v The Queen [2020] NSWCCA 86
Karout v R [2019] NSWCCA 253

Mbele v The Queen [2021] NSWCCA 182

Meis v R [2022] NSWCCA 118

Park v The Queen [2021] HCA 37

R v Borkowski [2009] NSWCCA 102

R v Errington [2005] NSWCCA 348; 157 A Crim R 553
R v Fangaloka [2019] NSWCCA 173

R v Gardiner [2004] NSWCCA 365

R v Khatter [2000] NSWCCA 32

R v Palu [2002] NSWCCA 381

R v Thomson; R v Houlton (2000)49 NSWLR 383; [2000] NSWCCA 309

R v Whyte [2002] NSWCCA 343

The Queen v Baden-Clay [2016] HCA 35

Veen v The Queen (No 2) [1988] HCA 14

Category:Sentence
Parties: NSW Police Force (Prosecution)
Craig Elliott (Defendant)
Representation:

Sergeant Wiblin (Police Prosecutor)

Solicitor: V Hampel (Defendant)
File Number(s): 2022/124121; 22/131407; 21/39030; 20/278573
Publication restriction: NIL

REMARKS ON SENTENCE

The Charges and the Pleas

  1. The offender Craig Elliot pleaded guilty to Dangerous Driving Occasioning Grievous Bodily Harm Under the Influence of a Drug contrary to section 52A(3)(a) Crimes Act 1900 (NSW) and Cause Bodily Harm by Misconduct in charge of a Motor Vehicle contrary to section 53 Crimes Act: H87715504.

  2. Further, he pleaded guilty to 2 counts of Possess Prohibited Drug contrary to section 10(1) Drug Misuse and Trafficking Act 1985 (NSW): H89736982.

  3. The guilty pleas were entered on 6 October 2022 at the earliest opportunity. I allow a discount of 25% off the penalty that might otherwise be imposed for the utilitarian value of each plea: see R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309 and the judgment of Howie J in R v Borkowski [2009] NSWCCA 102 at [32].

Maximum Penalties

  1. The offence of dangerous driving occasioning grievous bodily harm under the influence…

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Details
AGLC
Police v Elliot [2022] NSWLC 23
Case
[2022] NSWLC 23
Decision Date

CaseChat Overview and Summary

In the matter of Police v Elliot, the defendant was convicted of dangerous driving under the influence of a drug, which resulted in grievous bodily harm, as well as causing bodily harm by the misconduct of a motor vehicle. The case was heard in the County Court of Victoria. The primary dispute centred on the appropriate sentence to be imposed on the defendant, taking into account the severity of the offence and the various factors relevant to sentencing.

The court was required to determine the appropriate balance between the principles of punishment, rehabilitation, deterrence, and denunciation in sentencing the defendant. This involved weighing the objective seriousness of the crime against the defendant's personal circumstances, including their steps towards rehabilitation and the potential for future reform. The court also needed to consider the impact of the crime on the victim and the broader community, as well as the need for general and specific deterrence.

The court found that the objective seriousness of the offence was high, given the significant harm caused to the victim and the substantial moral culpability of the defendant. However, the court also recognised the defendant's efforts towards rehabilitation and their potential for future reform. Ultimately, the court imposed a sentence of imprisonment for three years, with a non-parole period of 20 months, and disqualified the defendant from driving for five years. The court emphasised the importance of holding the defendant accountable for their actions while also promoting their rehabilitation and the protection of the community.

Orders

Orders of the court

Imprisonment 3 years NPP 20 months

Disqualification from driving 5 years

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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