R v AA - [2014] NSWDC 190

District Court

New South Wales

Medium Neutral Citation: R v AA [2014] NSWDC 190
Hearing dates: 1 October 2014
Decision date: 07 November 2014
Before: Mahony SC DCJ
Decision:
Custodial Sentence. For Orders see [77] & [78]

Catchwords: Dangerous driving occasioning death; dangerous driving occasioning grievous bodily harm; police pursuit; application of guideline judgment.
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Children (Criminal Proceedings) Act 1987
Cases Cited: CM v R [2008] NSWCCA 195
IE v R [2008] NSWCCA 70
R v AB (2005) 156 A Crim R 577
R v Bus & AS (Unreported 3 November 1995) NSWCCA
R v Elkassir [2013] NSWCCA 181
R v GDP (1991) 53 A Crim R 112
R v Gordon (1994) 71 A Crim R 459
R v Jurisic (1999) 101 A Crim R 259
R v SDM [2001] NSWCCA 158
R v Shankley [2003] NSWCCA 253
R v Smith (1997) 95 A Crim R 373
R v Veatufunga [2007] NSWCCA 54
R v White [2002] NSWCCA 343
R v Winchester (1992) 58 A Crim R 345
R v XYJ (unreported 15 June 1992 NSWCCA)
SBF v R [2009] NSWCCA 231
Veen v R (No. 2) (1988) 164 CLR 465
Category: Sentence
Parties: Department of Public Prosecutions (Crown)
AA (Offender)
Representation: A Chatterton (Crown)
J Jardim (Offender)

File Number(s): 12/60843
Publication restriction: Order made pursuant to s7 of the Court Suppression and Non-Publication Orders Act 2010 as to the offender's name and names of any young persons named in the matter.

REMARKS ON SENTENCE

The offender has pleaded guilty to the following offences:

(1) An offence of aggravated dangerous driving occasioning death (police pursuit) pursuant to s 52A(2) of the Crimes Act 1900.

The offence carries a maximum penalty of fourteen years imprisonment and an automatic disqualification of three years with a minimum of twelve months.

(2) Aggravated dangerous driving occasioning grievous bodily harm (police pursuit) pursuant to s 52A(4) of the Crimes Act 1900.

The offence carries a maximum penalty of eleven years imprisonment and an automatic disqualification of three years with a minimum of twelve months.

The offender has asked to be taken into account in sentencing two matters on a Form 1. They are two Counts of Aggravated dangerous driving occasioning grievous bodily harm (police pursuit) pursuant to s 52A(4) of the Crimes Act 1900.

The offences occurred on 22 February 2012 in the circumstances described below. The offender was in custody following his arrest from 22 February 2012 until 21 May 2012. He subsequently re-offended on 14 April 2014 and his bail was revoked on 6 May 2014. He was sentenced in relation to that offence at the Fairfield Local Court on 25 August 2014. He has therefore been in custody since 6 May 2014, however, in respect of that offence, he was sentenced by way of a bond pursuant to s 9 of the Crimes (Sentencing Procedure) Act 1999 ("C(SP)A"). Up until the sentence hearing on 1 October 2014, he had spent…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v AA

Details

AGLC: R v AA [2014] NSWDC 190
Case: [2014] NSWDC 190
Decision Date: 07 November 2014

CaseChat Overview and Summary

The case of R v AA was heard in the Supreme Court of Victoria, where the appellant faced charges related to dangerous driving that resulted in death and grievous bodily harm. The incident in question involved a high-speed police pursuit that ultimately led to a collision, resulting in fatalities and serious injuries. The appellant was charged with dangerous driving occasioning death and dangerous driving occasioning grievous bodily harm. The central issues before the court were the appropriate sentence to be imposed and the application of the guideline judgment in assessing the culpability of the appellant.

The court needed to determine the appropriate range of custodial sentences for the charges, taking into account the specific circumstances of the offence, including the nature of the dangerous driving and the consequences of the collision. The appellant's actions during the police pursuit, the level of risk created, and the harm caused were scrutinized in detail. The court also considered the principles established in previous cases, such as the guideline judgment, to ensure consistency and proportionality in sentencing. The court had to balance the appellant's culpability with any mitigating factors, such as the appellant's background and the circumstances leading up to the offence.

The Supreme Court of Victoria found that the appellant's actions were highly reckless and demonstrated a significant disregard for the safety of others. The court concluded that the appropriate sentence was a custodial term, which was to be determined based on the specific circumstances of the offence and the principles outlined in the guideline judgment. The court imposed a sentence that reflected the severity of the harm caused and the appellant's culpability. The final orders included the imposition of a custodial sentence, with specific details provided in paragraphs [77] and [78] of the judgment.

Orders

Orders of the court

Custodial Sentence. For Orders see [77] & [78]

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v AA [2014] NSWDC 190
Hearing dates:	1 October 2014
Decision date:	07 November 2014
Before:	Mahony SC DCJ
Decision:	Custodial Sentence. For Orders see [77] & [78]
Catchwords:	Dangerous driving occasioning death; dangerous driving occasioning grievous bodily harm; police pursuit; application of guideline judgment.
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Children (Criminal Proceedings) Act 1987
Cases Cited:	CM v R [2008] NSWCCA 195 IE v R [2008] NSWCCA 70 R v AB (2005) 156 A Crim R 577 R v Bus & AS (Unreported 3 November 1995) NSWCCA R v Elkassir [2013] NSWCCA 181 R v GDP (1991) 53 A Crim R 112 R v Gordon (1994) 71 A Crim R 459 R v Jurisic (1999) 101 A Crim R 259 R v SDM [2001] NSWCCA 158 R v Shankley [2003] NSWCCA 253 R v Smith (1997) 95 A Crim R 373 R v Veatufunga [2007] NSWCCA 54 R v White [2002] NSWCCA 343 R v Winchester (1992) 58 A Crim R 345 R v XYJ (unreported 15 June 1992 NSWCCA) SBF v R [2009] NSWCCA 231 Veen v R (No. 2) (1988) 164 CLR 465
Category:	Sentence
Parties:	Department of Public Prosecutions (Crown) AA (Offender)
Representation:	A Chatterton (Crown) J Jardim (Offender)
File Number(s):	12/60843
Publication restriction:	Order made pursuant to s7 of the Court Suppression and Non-Publication Orders Act 2010 as to the offender's name and names of any young persons named in the matter.