R v Lee

[2023] NSWDC 420

District Court

New South Wales

Medium Neutral Citation:

R v Lee [2023] NSWDC 420

Hearing dates:

5 October 2023

Date of orders:

11 October 2023

Decision date:

11 October 2023

Jurisdiction:

Criminal

Before:

Lerve DCJ

Decision:

(1)   In respect of the matter to which the offender pleaded guilty he is convicted.

(2)   Consequent upon that conviction the offender is sentenced to a non-parole period of 6 months with a balance of term on parole of 9 months.

(3)   The non-parole period is commence on 21 August 2023 and will expire on 20 February 2024. The balance of term is to commence on 21 February 2024 and will expire on 20 November 2024. The offender is to be released to statutory parole at the expiration of the non-parole period. Parole should be conditioned that he be supervised by the Department of Community Corrections and that he obey all reasonable directions of that service as to ongoing treatment and counselling for substance abuse and mental health conditions.

Catchwords:

Sentence – police pursuit – breach of parole – whether sentence served by ICO

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Hopley v R [2008] NSWCCA 105

Stanley v DPP [2023] HCA 23

Tonga, Samuel v R [2023] NSWCCA 120

Zheng v R [2023] NSWCCA 64

Texts Cited:

NIL

Category:

Sentence

Parties:

Rex (Crown)
Alexander Mark Lee (Offender)

Representation:

Counsel:

Solicitors:

Ms G. Knight for the DPP

Mr M Bernhaut for the offender

File Number(s):

2023/00086346

Publication restriction:

NIL

Remarks on Sentence

1. The offender appeared before a Magistrate at the Wagga Wagga Local Court on 23 August 2023 and was committed to the District Court for Sentence in respect of a charge that he:

On 16 March 2023 at Wagga Wagga in the State of New South Wales, did drive a vehicle namely a Fiat sedan bearing New South Wales registration ending with 66X knowing that police officers were in pursuit of the vehicle and that he was required to stop the vehicle and did not stop the vehicle and then drove the vehicle in a manner dangerous to others.

2. That offence is contrary to s. 51B(1) of the Crimes Act, 1900 and carries a maximum penalty of 3 years if dealt with on indictment.

3. As the plea of guilty was entered at an early stage and adhered to at the sentence hearing at the Wagga Wagga District Court on 5 October 2023 the offender is entitled to the full 25% discount for the utilitarian value of the plea of guilty.

Facts

4. The facts are before the Court by way of Statement of Agreed Facts. The offender was born in 1991 and at the time was the holder of P2 Provisional driver license.

5. At about 1am on Thursday 16 March 2023 police noticed a grey Fiat sedan with registration plates ending with 66X stopped at a red light at the intersection of Morgan and Baylis Street, Wagga Wagga. Baylis Street is the main street of the city. After the light turned green…