R v Jesse Aaron Kelly

Case [2006] NSWDC 50


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
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R v Jesse Aaron Kelly [2006] NSWDC 50
Case
[2006] NSWDC 50
Decision Date

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

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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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