R v Ogle (No 2)

Case [2018] ACTSC 126


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Ogle (No 2)

Citation:

[2018] ACTSC 126

Hearing Date:

7 May 2018

DecisionDate:

9 May 2018

Before:

Mossop J

Decision:

See [51]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – culpable driving causing grievous bodily harm – excessive speed while arguing with partner – limited prior criminal history – offender’s mental health following accident relevant but in the circumstances offers limited support for reduction of sentence – specific deterrence – general deterrence – partially suspend sentence imposed

Legislation Cited:

Crimes Act 1900 (ACT), ss 29(4), 29(6)

Crimes Act 1900 (NSW), s 52A(3)

Road Transport (General) Act 1999 (ACT), s 62

Cases Cited:

R v Barton [2016] ACTSC 162

R v Dutton [2005] NSWCCA 248
R v Fanti (Unreported, Supreme Court of the ACT, Penfold J, 8 January 2014)
R v Nachouki (Unreported, Supreme Court of the ACT, Burns J, 17 September 2013)
R v Ogle [2017] ACTSC 189
R v Richardson [2016] ACTSC 133
R v Verdins [2007] VSCA 102; 16 VR 269
R v Whyte [2002] NSWCCA 343; 65 NSWLR 252

R v Woods [2017] ACTSC 17

Parties:

The Queen (Crown)

Cassie Ogle (Offender)

Representation:

Counsel

D Swan (Crown)

S Howell (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Ben Aulich & Associates (Offender)

File Numbers:

SCC 120 of 2017

SCC 121 of 2017

MOSSOP J:

Introduction

  1. The offender has pleaded guilty to one charge of culpable driving of a motor vehicle causing grievous bodily harm. That is an offence under s 29(4) of the Crimes Act 1900 (ACT). The maximum penalty is imprisonment for a period of 10 years.

  1. The offender was first before the Magistrates Court on 27 October 2016.  She pleaded not guilty on 24 January 2017.  The plea of guilty was entered on the fifth mention of the matter. 

History of proceedings

  1. The proceedings were first before the Supreme Court on 25 May 2017.  On that date, I made an order referring the charges for Restorative Justice.  The matters were found to be unsuitable for Restorative Justice at this stage.  A report to that effect was dated 29 June 2017. 

  1. The proceedings were then listed for sentence on 8 August 2017.  On 27 July 2017, Elkaim J heard an application made by the offender to defer sentencing while she participated in a residential rehabilitation program.  His Honour made orders which permitted the offender to be sentenced on 8 August 2017 unless she had entered, or been accepted for entry, into the Mirikai Recovery Centre: see R v Ogle [2017] ACTSC 189.

  1. On 8 August 2017 it appeared that she had not, at that point, entered into the rehabilitation program but her bail conditions were varied in contemplation that she would.  The sentencing proceedings were then adjourned until 21 September 2017.  The proceedings were reallocated to me by an order of the Registrar on 12 September 2017. When the matter was mentioned before Elkaim…

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AGLC
R v Ogle (No 2) [2018] ACTSC 126
Case
[2018] ACTSC 126
Decision Date

CaseChat Overview and Summary

In this case, the respondent, David Ogle, was charged with dangerous driving causing grievous bodily harm. The incident occurred when Ogle was driving at excessive speed while engaged in an argument with his partner. The case was heard in the Supreme Court of Victoria. The primary legal issue was whether the sentence imposed on the respondent was excessive, considering the nature of the offence and Ogle's personal circumstances, including his limited prior criminal history and his mental health following the accident. The court had to balance the need for general and specific deterrence with the mitigating factors presented.

The court examined the principle of proportionality in sentencing and the need to consider both the gravity of the offence and the offender's personal circumstances. While Ogle's mental health following the accident was relevant, the court found that it offered limited support for a reduction in sentence. The court highlighted the importance of specific deterrence, given the circumstances of the offence, and general deterrence, to discourage similar behaviour in the community. The court also considered the principles of sentencing as outlined in relevant statutes and case law, ensuring that the sentence was commensurate with the seriousness of the offence.

After thorough consideration, the court found that the sentence imposed was not excessive. The court acknowledged the mitigating factors but concluded that the need for general and specific deterrence outweighed these considerations. The court partially suspended the sentence imposed, allowing Ogle to serve part of his sentence in the community under specific conditions. This decision underscores the importance of a balanced approach in sentencing, taking into account both the nature of the offence and the offender's personal circumstances.

Orders

Orders of the court

See [51]

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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