District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Flentjar [2023] NSWDC 115 Hearing dates: 1 February 2023 Date of orders: 1 February 2023 Decision date: 01 February 2023 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate sentence 5 years imprisonment - non-parole period of 3 years
Catchwords: CRIMINAL LAW - Police pursuit - not stop - drive at speed - Aggravated dangerous driving occasioning GBH - escaping pursuit - Fail to stop and assist after vehicle impact causing GBH - Police pursuit - not stop - drive dangerously - 2nd+off= Drive motor vehicle during disqualification period - 2nd+off - Take & drive conveyance w/o consent of owner -Assault police officer in execution of duty - Custody of knife in public place - subsequent offence - Drive motor vehicle during disqualification period - 2nd+off - Use unregistered registrable Class A motor vehicle on road - Use uninsured motor vehicle - Use class A vehicle displaying misleading number plate
SENTENCING – Relevant factors on sentence - early guilty plea- multiple driving related offences – two incidents involving police pursuits – desperately sad personal circumstances - no rehabilitation while in custody – traumatic incidents in custody - serious and persistent offending - drug and alcohol counselling and abstinence from drugs and alcohol recommended - lesser moral culpability - specific deterrence still required
Legislation Cited: Crimes Act 1900
Crimes (Sentence Procedure) Act 1999
Cases Cited: Attorney General's Application number 2 of 2002 [2002] NSWCCA 515
Bugmy v The Queen (2013) 249 CLR 571; ]2013] HCA 37
Clarke-Jeffries v R [2019] NSWCCA 56
Director of Public Prosecutions v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA
Hearne v R [2001] NSWCCA 37
Nasrallah v R [2021] NSWCCA 207
R v Butler & Russel [2021] NSWDC 666
R v Errington [2005] NSWCCA 348
R v R v Gavel [2014] NSWCCA 56
R v Howland [1999] NSWCCA 10
R v McKeown [2013] NSWDC 22
R v Millwood [2012] NSWCCA 2 at [69]
R v Musumeci NSWCCA, unreported, 30/10/97
Veen v The Queen (No. 2) (1987-1988) 164 CLR 465; [1988] HCA 14
Category: Sentence Parties: Caleb Flentjar (Offender)
Director of Public ProsecutionsRepresentation: Solicitors:
N Ashby Legal Aid NSW
J Azad Director of Public Prosecutions
File Number(s): 2022/00060511, 2022/00126606
Judgment- Ex tempore revised
Introduction
-
This morning, Caleb Flentjar confirmed guilty pleas that were entered at the earliest opportunity in the Local Court. The pleas related to a number of serious offences that occurred during two incidents.
-
The first incident was on 29 December 2021. It involved a police pursuit. Flentjar was driving a vehicle that was unregistered, uninsured and displaying misleading number plates. He was also, as he well knew, disqualified from driving.
-
On 29 January 2022, he was…
Continue reading R v Flentjar
Sign in free to access the full text
- AGLC
- R v Flentjar [2023] NSWDC 115
- Case
- [2023] NSWDC 115
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included the appropriate penalties for the various offences and the consideration of mitigating factors that could influence the severity of the sentences. The court had to balance the need for specific deterrence and general deterrence with the personal circumstances of the accused, including his early guilty plea, his history of drug and alcohol abuse, and his lack of rehabilitation while in custody. The court also had to consider the severity of the harm caused by the accused's actions and the need to protect the community from further offending.
In delivering the judgment, the court noted the seriousness of the offences, particularly the harm caused to another person during the police pursuits. However, the court also took into account the accused's early guilty plea, his desperate personal circumstances, and his lack of rehabilitation while in custody. The court emphasised the need for specific deterrence and the importance of sending a strong message to the accused and others about the consequences of engaging in such dangerous and criminal behaviour. Ultimately, the court determined that an aggregate sentence of five years imprisonment, with a non-parole period of three years, was appropriate in the circumstances.
The court ordered that the accused be imprisoned for a total of five years, with a non-parole period of three years. This sentence reflects the seriousness of the offences and the need for both specific and general deterrence, while also taking into account the mitigating factors presented by the accused. The court recommended that the accused participate in drug and alcohol counselling and abstain from drugs and alcohol during his sentence.
Orders
Orders of the court
Aggregate sentence 5 years imprisonment - non-parole period of 3 years
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.