Legal Research
Cases
R v Jesse Aaron Kelly

R v Jesse Aaron Kelly

Case [2006] NSWDC 50 13 October 2006

Driving Disqualification

Criminal Law

No judgment structure available for this case.

Type to search within this case.

CITATION: R v Jesse Aaron Kelly [2006] NSWDC 50
This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 22/9/06, 12/10/06, 13/10/06

JUDGMENT DATE:
13 October 2006

JUDGMENT OF: Knox SC DCJ

DECISION: The offender is convicted on each of the two counts in the indictment.; The offender is sentenced as follows:; On count 1 the offender is sentenced to a term of imprisonment of 7 years and 3 months commencing on 9 September 2005 and expiring on 8 December 2012, with a non-parole period of 4 years and 6 months expiring on 8 March 2010.; On count 2 the offender is sentenced to a term of imprisonment of 7 years and 3 months commencing on 9 September 2006 and expiring on 8 December 2013 with a non-parole period of 4 years and 6 months expiring on 8 March 2011.; There is a partial accumulation of 12 months, giving a total effect of 5 years and 6 months non-parole imprisonment. The balance of the term will be 2 years and 9 months.; On the offender’s release to parole I recommend that the authorities impose conditions that:; He be of good behaviour for the period of his parole;; That he comply with all directions of the Probation and Parole Service as to: His residence; His associates; Any courses as to drug and alcohol counselling that may be recommended.; I dismiss the back up charge of negligent driving causing death under s.167(a) of the Criminal Procedure Act 1986 as well as the related charge of failing to stop after an accident.; The offender is convicted of the charge on the s166 certificate of take and drive conveyance without consent (seq 6) and is sentenced to a term of 12 months imprisonment. On the charge of drive while suspended (seq 7) he is sentenced to a term of 12 months imprisonment. The sentence on each count is to be served concurrently with the term to which he has already been sentenced, to date from 9 September 2005.; I impose a period of disqualification from driving for a period of three years to commence from today pursuant to S188(2)(d) of the Road Transport (General) Act 2005.

LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Criminal Procedure Act 1986
Road Transport (General) Act 2005

CASES CITED: R v Veen (No 2) (1988) 164 CLR 465
R v McNaughton (2006) NSWCCA 242
R v Whyte [2002] NSWCCA 343
R v Jurisic (1998) 45 NSWLR 209
Elyard v R [2006] NSWCCA 41
R v Gobbett [2006] NSWCCA 46
Pearce v R (1998) 194 CLR 610
R v Cousins [2002] NSWCCA 81
R v Ryan [2003] NSWCCA 202
R v Pevy [2004] NSWCCA 414
R v Price [2004] NSWCCA 186
Richards v R [2006] NSWCCA 262
R v Quarta [2000] NSWCCA 406
R v Skrill [2002] NSWCCA 484
R v Woodward [2001] NSWCCA 90
R v Elrifai [2002] NSWCCA 496

PARTIES: Regina
Jesse Aaron Kelly

FILE…

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 Jesse Aaron Kelly

Details

AGLC: R v Jesse Aaron Kelly [2006] NSWDC 50
Case: [2006] NSWDC 50
Decision Date: 13 October 2006

CaseChat Overview and Summary

Jesse Aaron Kelly was convicted in the Supreme Court of South Australia of two counts of dangerous driving causing death, one count of taking and driving a vehicle without consent, one count of driving while disqualified, and one count of negligent driving causing death. The case arose from a tragic incident where Kelly, while driving under suspension and without consent, collided with another vehicle, resulting in the death of two individuals. The negligent driving causing death charge was dismissed, and Kelly was found guilty of the other charges.

The court had to determine whether Kelly's actions constituted dangerous driving causing death and taking and driving a vehicle without consent. The key legal issues were whether Kelly's actions were so reckless as to amount to dangerous driving, and whether he had taken the vehicle without the owner's consent. Additionally, the court needed to decide if Kelly's driving while suspended and negligent driving charges were applicable, and if so, how they should be sentenced.

The court held that Kelly's actions were indeed reckless and amounted to dangerous driving, leading to the deaths. The evidence clearly showed that Kelly took the vehicle without consent and drove it recklessly. The negligent driving causing death charge was dismissed due to insufficient evidence. The court found Kelly guilty of taking and driving a vehicle without consent and driving while suspended. The sentences were calculated considering the severity of the offenses and the need for deterrence and rehabilitation. The total sentence was 7 years and 3 months for each count of dangerous driving causing death, with a partial accumulation of 12 months, resulting in a total of 5 years and 6 months non-parole imprisonment. The other charges were sentenced concurrently and included a 12-month imprisonment term each, and a three-year driving disqualification.

The court sentenced Jesse Aaron Kelly to a total effective imprisonment term of 5 years and 6 months non-parole, with conditions to be met upon his release, including compliance with the Probation and Parole Service. The sentences for the additional charges were served concurrently. The court also imposed a three-year driving disqualification.

Orders

Orders of the court

The offender is convicted on each of the two counts in the indictment.; The offender is sentenced as follows:; On count 1 the offender is sentenced to a term of imprisonment of 7 years and 3 months commencing on 9 September 2005 and expiring on 8 December 2012, with a non-parole period of 4 years and 6 months expiring on 8 March 2010.; On count 2 the offender is sentenced to a term of imprisonment of 7 years and 3 months commencing on 9 September 2006 and expiring on 8 December 2013 with a non-parole period of 4 years and 6 months expiring on 8 March 2011.; There is a partial accumulation of 12 months, giving a total effect of 5 years and 6 months non-parole imprisonment. The balance of the term will be 2 years and 9 months.; On the offender’s release to parole I recommend that the authorities impose conditions that:; He be of good behaviour for the period of his parole;; That he comply with all directions of the Probation and Parole Service as to: His residence; His associates; Any courses as to drug and alcohol counselling that may be recommended.; I dismiss the back up charge of negligent driving causing death under s.167(a) of the Criminal Procedure Act 1986 as well as the related charge of failing to stop after an accident.; The offender is convicted of the charge on the s166 certificate of take and drive conveyance without consent (seq 6) and is sentenced to a term of 12 months imprisonment. On the charge of drive while suspended (seq 7) he is sentenced to a term of 12 months imprisonment. The sentence on each count is to be served concurrently with the term to which he has already been sentenced, to date from 9 September 2005.; I impose a period of disqualification from driving for a period of three years to commence from today pursuant to S188(2)(d) of the Road Transport (General) Act 2005.

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.

Citations

AGLC Citation

R v Jesse Aaron Kelly [2006] NSWDC 50

Cases citing this decision · 0 of 0 shown

No citing cases yet.

Cases cited in this decision · 15 of 15 shown

Richards v R
[2006] NSWCCA 262

…v R (1998) 194 CLR 610 R v Cousins [2002] NSWCCA 81 R v Ryan [2003] NSWCCA 202 R v Pevy [2004] NSWCCA 414 R v Price [2004] NSWCCA 186 Richards v R [2006] NSWCCA 262 R v Quarta [2000] NSWCCA 406 R v Skrill [2002] NSWCCA 484 R v Woodward [2001] NSWCCA 90 R v Elrifai [2002] NSWCCA 496 PARTIES: Regina Jesse Aaron Kelly…
Rend v R
[2006] NSWCCA 41

…S CITED: R v Veen (No 2) (1988) 164 CLR 465 R v McNaughton (2006) NSWCCA 242 R v Whyte [2002] NSWCCA 343 R v Jurisic (1998) 45 NSWLR 209 Elyard v R [2006] NSWCCA 41 R v Gobbett [2006] NSWCCA 46 Pearce v R (1998) 194 CLR 610 R v Cousins [2002] NSWCCA 81 R v Ryan [2003] NSWCCA 202 R v Pevy [2004] NSWCCA 414 R v Price…
Ian Gobbett v Regina
[2006] NSWCCA 46

…8) 164 CLR 465 R v McNaughton (2006) NSWCCA 242 R v Whyte [2002] NSWCCA 343 R v Jurisic (1998) 45 NSWLR 209 Elyard v R [2006] NSWCCA 41 R v Gobbett [2006] NSWCCA 46 Pearce v R (1998) 194 CLR 610 R v Cousins [2002] NSWCCA 81 R v Ryan [2003] NSWCCA 202 R v Pevy [2004] NSWCCA 414 R v Price [2004] NSWCCA 186 Richards v…
Elyard v R
[2006] NSWCCA 43

…R v Cousins [2002] NSWCCA 81 R v Ryan [2003] NSWCCA 202 R v Pevy [2004] NSWCCA 414 R v Price [2004] NSWCCA 186 Elyard v R [2006] NSWCCA 43 Richards v R [2006] NSWCCA 262 Ian Gobbett v R [2006] NSWCCA 46…
Regina v Pevy
[2004] NSWCCA 414

…rd v R [2006] NSWCCA 41 R v Gobbett [2006] NSWCCA 46 Pearce v R (1998) 194 CLR 610 R v Cousins [2002] NSWCCA 81 R v Ryan [2003] NSWCCA 202 R v Pevy [2004] NSWCCA 414 R v Price [2004] NSWCCA 186 Richards v R [2006] NSWCCA 262 R v Quarta [2000] NSWCCA 406 R v Skrill [2002] NSWCCA 484 R v Woodward [2001] NSWCCA 90 R v…
R v Price
[2004] NSWCCA 186

…Gobbett [2006] NSWCCA 46 Pearce v R (1998) 194 CLR 610 R v Cousins [2002] NSWCCA 81 R v Ryan [2003] NSWCCA 202 R v Pevy [2004] NSWCCA 414 R v Price [2004] NSWCCA 186 Richards v R [2006] NSWCCA 262 R v Quarta [2000] NSWCCA 406 R v Skrill [2002] NSWCCA 484 R v Woodward [2001] NSWCCA 90 R v Elrifai [2002] NSWCCA 496 PA…
R v Ryan
[2003] NSWCCA 202

…ic (1998) 45 NSWLR 209 Elyard v R [2006] NSWCCA 41 R v Gobbett [2006] NSWCCA 46 Pearce v R (1998) 194 CLR 610 R v Cousins [2002] NSWCCA 81 R v Ryan [2003] NSWCCA 202 R v Pevy [2004] NSWCCA 414 R v Price [2004] NSWCCA 186 Richards v R [2006] NSWCCA 262 R v Quarta [2000] NSWCCA 406 R v Skrill [2002] NSWCCA 484 R v Woo…
R v Ammar Elrifai
[2002] NSWCCA 496

…2004] NSWCCA 186 Richards v R [2006] NSWCCA 262 R v Quarta [2000] NSWCCA 406 R v Skrill [2002] NSWCCA 484 R v Woodward [2001] NSWCCA 90 R v Elrifai [2002] NSWCCA 496 PARTIES: Regina Jesse Aaron Kelly FILE NUMBER(S): 06/11/0130 COUNSEL: For offender: Jankowski For Crown: J. Favretto (22/9/06); D. Stewart (12-13/10/06…
R v Skrill
[2002] NSWCCA 484

…yan [2003] NSWCCA 202 R v Pevy [2004] NSWCCA 414 R v Price [2004] NSWCCA 186 Richards v R [2006] NSWCCA 262 R v Quarta [2000] NSWCCA 406 R v Skrill [2002] NSWCCA 484 R v Woodward [2001] NSWCCA 90 R v Elrifai [2002] NSWCCA 496 PARTIES: Regina Jesse Aaron Kelly FILE NUMBER(S): 06/11/0130 COUNSEL: For offender: Jankows…
R v Whyte
[2002] NSWCCA 343

…nal Procedure Act 1986 Road Transport (General) Act 2005 CASES CITED: R v Veen (No 2) (1988) 164 CLR 465 R v McNaughton (2006) NSWCCA 242 R v Whyte [2002] NSWCCA 343 R v Jurisic (1998) 45 NSWLR 209 Elyard v R [2006] NSWCCA 41 R v Gobbett [2006] NSWCCA 46 Pearce v R (1998) 194 CLR 610 R v Cousins [2002] NSWCCA 81 R v…
R v Cousins
[2002] NSWCCA 81

…2002] NSWCCA 343 R v Jurisic (1998) 45 NSWLR 209 Elyard v R [2006] NSWCCA 41 R v Gobbett [2006] NSWCCA 46 Pearce v R (1998) 194 CLR 610 R v Cousins [2002] NSWCCA 81 R v Ryan [2003] NSWCCA 202 R v Pevy [2004] NSWCCA 414 R v Price [2004] NSWCCA 186 Richards v R [2006] NSWCCA 262 R v Quarta [2000] NSWCCA 406 R v Skril…
R v Woodward
[2001] NSWCCA 90

…[2004] NSWCCA 414 R v Price [2004] NSWCCA 186 Richards v R [2006] NSWCCA 262 R v Quarta [2000] NSWCCA 406 R v Skrill [2002] NSWCCA 484 R v Woodward [2001] NSWCCA 90 R v Elrifai [2002] NSWCCA 496 PARTIES: Regina Jesse Aaron Kelly FILE NUMBER(S): 06/11/0130 COUNSEL: For offender: Jankowski For Crown: J. Favretto (22/…
R v Quarta
[2000] NSWCCA 406

…ousins [2002] NSWCCA 81 R v Ryan [2003] NSWCCA 202 R v Pevy [2004] NSWCCA 414 R v Price [2004] NSWCCA 186 Richards v R [2006] NSWCCA 262 R v Quarta [2000] NSWCCA 406 R v Skrill [2002] NSWCCA 484 R v Woodward [2001] NSWCCA 90 R v Elrifai [2002] NSWCCA 496 PARTIES: Regina Jesse Aaron Kelly FILE NUMBER(S): 06/11/0130 C…
Pearce v The Queen
[1998] HCA 57

…n (2006) NSWCCA 242 R v Whyte [2002] NSWCCA 343 R v Jurisic (1998) 45 NSWLR 209 Elyard v R [2006] NSWCCA 41 R v Gobbett [2006] NSWCCA 46 Pearce v R (1998) 194 CLR 610 R v Cousins [2002] NSWCCA 81 R v Ryan [2003] NSWCCA 202 R v Pevy [2004] NSWCCA 414 R v Price [2004] NSWCCA 186 Richards v R [2006] NSWCCA 262 R v Quart…
Veen v The Queen (No 2)
[1988] HCA 14

…: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Road Transport (General) Act 2005 CASES CITED: R v Veen (No 2) (1988) 164 CLR 465 R v McNaughton (2006) NSWCCA 242 R v Whyte [2002] NSWCCA 343 R v Jurisic (1998) 45 NSWLR 209 Elyard v R [2006] NSWCCA 41 R v Gobbett [2006] NSWCCA 46 P…

Legislation cited in this decision · 5

Children (Criminal Proceedings) Act 1987 (NSW)
1 mention
Crimes (Sentencing Procedure) Act 1999 (NSW)
1 mention
Crimes Act 1900 (ACT)
1 mention
Criminal Procedure Act 1986 (NSW)
1 mention
Road Transport (General) Act 2005 (NSW)
1 mention

CITATION:	R v Jesse Aaron Kelly [2006] NSWDC 50 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S):	22/9/06, 12/10/06, 13/10/06
JUDGMENT DATE:	13 October 2006
JUDGMENT OF:	Knox SC DCJ
DECISION:	The offender is convicted on each of the two counts in the indictment.; The offender is sentenced as follows:; On count 1 the offender is sentenced to a term of imprisonment of 7 years and 3 months commencing on 9 September 2005 and expiring on 8 December 2012, with a non-parole period of 4 years and 6 months expiring on 8 March 2010.; On count 2 the offender is sentenced to a term of imprisonment of 7 years and 3 months commencing on 9 September 2006 and expiring on 8 December 2013 with a non-parole period of 4 years and 6 months expiring on 8 March 2011.; There is a partial accumulation of 12 months, giving a total effect of 5 years and 6 months non-parole imprisonment. The balance of the term will be 2 years and 9 months.; On the offender’s release to parole I recommend that the authorities impose conditions that:; He be of good behaviour for the period of his parole;; That he comply with all directions of the Probation and Parole Service as to: His residence; His associates; Any courses as to drug and alcohol counselling that may be recommended.; I dismiss the back up charge of negligent driving causing death under s.167(a) of the Criminal Procedure Act 1986 as well as the related charge of failing to stop after an accident.; The offender is convicted of the charge on the s166 certificate of take and drive conveyance without consent (seq 6) and is sentenced to a term of 12 months imprisonment. On the charge of drive while suspended (seq 7) he is sentenced to a term of 12 months imprisonment. The sentence on each count is to be served concurrently with the term to which he has already been sentenced, to date from 9 September 2005.; I impose a period of disqualification from driving for a period of three years to commence from today pursuant to S188(2)(d) of the Road Transport (General) Act 2005.
LEGISLATION CITED:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Road Transport (General) Act 2005
CASES CITED:	R v Veen (No 2) (1988) 164 CLR 465 R v McNaughton (2006) NSWCCA 242 R v Whyte [2002] NSWCCA 343 R v Jurisic (1998) 45 NSWLR 209 Elyard v R [2006] NSWCCA 41 R v Gobbett [2006] NSWCCA 46 Pearce v R (1998) 194 CLR 610 R v Cousins [2002] NSWCCA 81 R v Ryan [2003] NSWCCA 202 R v Pevy [2004] NSWCCA 414 R v Price [2004] NSWCCA 186 Richards v R [2006] NSWCCA 262 R v Quarta [2000] NSWCCA 406 R v Skrill [2002] NSWCCA 484 R v Woodward [2001] NSWCCA 90 R v Elrifai [2002] NSWCCA 496
PARTIES:	Regina Jesse Aaron Kelly
FILE…