District Court
New South Wales
Medium Neutral Citation: R v Pagett [2024] NSWDC 186 Hearing dates: 5 April 2024 Date of orders: 5 April 2024 Decision date: 05 April 2024 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate imprisonment sentence of 4 years with a non-parole period of 2 years 6 months
Catchwords: CRIME — Violent offences — Recklessly cause grievous bodily harm — Use offensive instrument with intent to prevent lawful apprehension
TRAFFIC LAW AND TRANSPORT — Traffic law — Offences — Reckless and dangerous driving — Drive whilst disqualified
SENTENCING — Penalties — Imprisonment — Intensive Correction Order not appropriate
SENTENCING — Aggravating factors — Breach of conditional liberty — Record of previous convictions — Victim a police officer
SENTENCING — Guidelines for sentencing — Role of guidelines
SENTENCING — Mitigating factors — Plea of guilty — Remorse
SENTENCING — Relevant factors on sentence — Dispute about objective seriousness — Form 1 offences — Purposes of sentencing
SENTENCING — Relevant factors on sentence — Multiple traffic offences — Totality— Co-offenders — Parity
SENTENCING — Sentencing procedure — Agreed facts — Instinctive synthesis
SENTENCING — Subjective considerations on sentence — Drug addiction — Impoverished childhood — Institutionalisation — Institutional abuse — Mental health disorders — Special circumstances
Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW)
Criminal Procedure Act 1986 (NSW)
Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518; (2002) 56 NSWLR 146
Bugmy v The Queen; [2013] HCA 37 (2013) 249 CLR 571
Decision restricted [2022] NSWCCA 246
Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
G v R (No 1) [2023] NSWCCA 320
Henry v R [1999] NSWCCA 111; (1999) 46 NSWLR 346
Mill v The Queen [1988] HCA 70; (1988) 166 CLR 59
Munda v Western Australia [2013] HCA 38; (2013) 249 CLR 600
Nasrallah v R [2021] NSWCCA 207
Paterson v R [2021] NSWCCA 273
Postiglione v The Queen [1997] HCA 26; (1997) 189 CLR 295
R vCahyadi [2007] NSWCCA 1; 168 A Crim R 41
R v Harris [2007] NSWCCA 130; 171 A Crim R 267
R v Holder; R v Johnston [1983] 3 NSWLR 245
R v Simpson [2001] NSWCCA 534; 53 NSWLR 704
R v XX (2009) 195 A Crim R 38
Stanley v Director of Public Prosecutions (NSW) [2023] HCA 3
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- AGLC
- R v Pagett [2024] NSWDC 186
- Case
- [2024] NSWDC 186
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining the appropriate sentence for Pagett, considering both aggravating and mitigating factors. Aggravating factors included the breach of conditional liberty, Pagett's criminal record, and the fact that the victims were police officers. The court also considered the serious nature of the traffic offences and the totality principle in relation to co-offenders. Mitigating factors considered were Pagett's plea of guilty and expressions of remorse, along with his drug addiction, troubled childhood, institutionalisation, abuse, and mental health disorders. The court had to balance these factors against the purposes of sentencing, particularly deterrence and retribution.
The court found that while Pagett's background and circumstances warranted some consideration, the severity of his actions necessitated a substantial sentence. The court concluded that an intensive correction order was not appropriate given the seriousness of the offences. After weighing all the factors, the court imposed an aggregate imprisonment sentence of four years with a non-parole period of two years and six months. The court meticulously applied sentencing guidelines, ensuring that the sentence reflected the objective seriousness of the offences and adhered to the principles of parity and proportionality.
Orders
Orders of the court
Aggregate imprisonment sentence of 4 years with a non-parole period of 2 years 6 months
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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