R v Lawrence - [2024] NSWDC 667

District Court

New South Wales

Medium Neutral Citation: R v Lawrence [2024] NSWDC 667
Hearing dates: 19 December 2024
Date of orders: 19 December 2024
Decision date: 19 December 2024
Jurisdiction: Criminal
Before: Haesler SC DCJ
Decision:
Aggregate sentence of imprisonment of 3 years with a non-parole period of 1 year and 8 months

Catchwords:
CRIME — Driving offences — Dangerous driving occasioning grievous bodily harm
CRIME — Public justice offences — Escape police custody
TRAFFIC LAW AND TRANSPORT — Traffic law — Offences — Drive motor vehicle during disqualification period
SENTENCING — Aggravating factors — Breach of conditional liberty — Record of previous convictions
SENTENCING — Guidelines for sentencing — Role of guidelines
SENTENCING — Mitigating factors — Plea of guilty
SENTENCING — Penalties — Imprisonment
SENTENCING — Relevant factors on sentence — Deterrence — Specific deterrence — Multiple offences — Totality — Moral culpability — Objective seriousness — Proportionality
SENTENCING — Subjective considerations on sentence — Drug and alcohol addiction — Mental health — Antisocial — Childhood deprivation — Childhood trauma and sexual abuse

Legislation Cited:
Crimes Act 1900 (NSW)
Criminal Procedure Act 1986 (NSW)
Road Transport Act 2013 (NSW)

Cases Cited:
Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571
Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
Legge v R [2007] NSWCCA 244
Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357
Nasrallah v R [2021] NSWCCA 207
R v Errington (2005) 157 A Crim R 553
R vGeddes (1936) 36 SR (NSW) 554
R v Herring (1956) 73 WN (NSW) 203
R v Lawrence [2019] NSWDC 666
R v Whyte [2002] NSWCCA 343; (2002) 55 NSWLR 252
R v Windle [2012] NSWCCA 222
Ryan v The Queen [2001] HCA 21; (2001) 206 CLR 267

Category: Sentence
Parties: Steven Lewis James Lawrence (the offender)
Public Prosecutions (NSW) (Crown)
Representation: Solicitors:
A Socorro solicitor for Legal Aid (NSW) (for the offender)
J Azad solicitor for Public Prosecutions (NSW) (Crown)

File Number(s): 2023/220982

JUDGMENT – ex tempore revised

Introduction

On 11 July 2019 I sentenced Steven Lawrence for very serious offending. At the conclusion of my judgment I noted:

“He has been before the courts many times. He has been in prison many times. He has been given and breached supervised orders many times. Harsh punishments have not deterred him. To the contrary, it appears he has learnt many negative lessons from imprisonment. He may have learnt more negative ones than positive ones. Except for a very short period, he has never lived a normal community life. He had no grounding, until he took up with Ms Hamilton, in normal community life. He has few skills to equip him for life, other than crime, but he has shown some capacity to work in the community.”: R v Lawrence [2019] NSWDC 666 at [33].

After serving the non-parole period I imposed upon him he was admitted to parole on 7 July…

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 Lawrence

Details

AGLC: R v Lawrence [2024] NSWDC 667
Case: [2024] NSWDC 667
Decision Date: 19 December 2024

CaseChat Overview and Summary

The defendant, Lawrence, faced the Court of Criminal Appeal in relation to two criminal charges: dangerous driving occasioning grievous bodily harm, and escaping lawful custody. The case arose from an incident where Lawrence, driving under a period of disqualification, caused a serious accident, resulting in grievous bodily harm to another road user. He subsequently escaped from police custody, compounding his criminal conduct. The appeal focused on the sentencing of Lawrence, who had pleaded guilty to both charges.

The court had to determine whether the sentence imposed by the lower court was appropriate, considering the totality of the circumstances, including Lawrence's previous criminal history, his plea of guilty, and mitigating factors such as his drug and alcohol addiction, mental health issues, and background of childhood deprivation and trauma. The court also needed to assess whether the sentence met the objectives of specific deterrence, general deterrence, and proportionality, while taking into account the guidelines for sentencing.

The Court of Criminal Appeal found that the original sentence was manifestly inadequate, given the objective seriousness of the offences and Lawrence's history of criminal conduct. Despite acknowledging mitigating factors, the court determined that the sentence needed to reflect the gravity of the crimes and the necessity for deterrence. Consequently, the appeal was upheld, and a new sentence was imposed. This sentence comprised an aggregate term of imprisonment of three years, with a non-parole period of one year and eight months, aimed at achieving the appropriate balance between punishment, deterrence, and rehabilitation.

Orders

Orders of the court

Aggregate sentence of imprisonment of 3 years with a non-parole period of 1 year and 8 months

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 Lawrence [2024] NSWDC 667
Hearing dates:	19 December 2024
Date of orders:	19 December 2024
Decision date:	19 December 2024
Jurisdiction:	Criminal
Before:	Haesler SC DCJ
Decision:	Aggregate sentence of imprisonment of 3 years with a non-parole period of 1 year and 8 months
Catchwords:	CRIME — Driving offences — Dangerous driving occasioning grievous bodily harm CRIME — Public justice offences — Escape police custody TRAFFIC LAW AND TRANSPORT — Traffic law — Offences — Drive motor vehicle during disqualification period SENTENCING — Aggravating factors — Breach of conditional liberty — Record of previous convictions SENTENCING — Guidelines for sentencing — Role of guidelines SENTENCING — Mitigating factors — Plea of guilty SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Deterrence — Specific deterrence — Multiple offences — Totality — Moral culpability — Objective seriousness — Proportionality SENTENCING — Subjective considerations on sentence — Drug and alcohol addiction — Mental health — Antisocial — Childhood deprivation — Childhood trauma and sexual abuse
Legislation Cited:	Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Road Transport Act 2013 (NSW)
Cases Cited:	Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Legge v R [2007] NSWCCA 244 Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 Nasrallah v R [2021] NSWCCA 207 R v Errington (2005) 157 A Crim R 553 R vGeddes (1936) 36 SR (NSW) 554 R v Herring (1956) 73 WN (NSW) 203 R v Lawrence [2019] NSWDC 666 R v Whyte [2002] NSWCCA 343; (2002) 55 NSWLR 252 R v Windle [2012] NSWCCA 222 Ryan v The Queen [2001] HCA 21; (2001) 206 CLR 267
Category:	Sentence
Parties:	Steven Lewis James Lawrence (the offender) Public Prosecutions (NSW) (Crown)
Representation:	Solicitors: A Socorro solicitor for Legal Aid (NSW) (for the offender) J Azad solicitor for Public Prosecutions (NSW) (Crown)
File Number(s):	2023/220982