R v Pullen

Case [2018] NSWCCA 264


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
Medium Neutral Citation: R v Pullen [2018] NSWCCA 264
Hearing dates: 29 October 2018
Date of orders: 23 November 2018
Decision date: 23 November 2018
Before: Johnson J at [1]
Harrison J at [2]
Schmidt J at [99]
Decision:

(1)   Appeal allowed.
(2)   Quash the sentence imposed by her Honour Bright DCJ on 24 August 2018.
(3)   In lieu thereof, sentence Dominic Ashley Pullen to an aggregate period of imprisonment of 3 years to be served by way of an Intensive Correction Order commencing on 24 August 2018 and expiring on 23 August 2021.
(4)   The Intensive Correction Order is subject to the following conditions:
(a)   The offender must not commit any offence.
(b)   The offender must submit to supervision by a community corrections officer.
(c)   The offender must perform 650 hours of community service work.
(d)   The offender is to participate in a rehabilitation program or to receive treatment.
(e)   The offender is to abstain from consuming alcohol and drugs.
(f)   The offender is to complete the Sober Driver Program if he is assessed as suitable by his supervisor.
(5)   Mr Pullen is disqualified from driving for a period of 2 years commencing on 24 August 2018.

Catchwords:

CRIMINAL LAW – appeal – Crown appeal against inadequacy of sentence – dangerous driving occasioning grievous bodily harm – fail to stop and assist after impact causing grievous bodily harm – whether sentence imposed is manifestly inadequate –whether sentencing judge erred in assessing the objective seriousness of the fail to stop and assist offence as “well below the mid-level” – whether the Court should exercise its residual discretion not to intervene – resentencing – whether the Court should impose an Intensive Correction Order

 

STATUTORY INTERPRETATION – Crimes (Sentencing Procedure) Act 1999 as amended by the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 – proper construction of ss 17B, 17C, 17D – proper construction of s 66 and meaning of “community safety” – proper construction of s 68

  WORDS AND PHRASES – “community safety”
Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW), s 81
Crimes (Administration of Sentences) Regulation 2014 (NSW), cls 186, 187, 189, 189A, 189B, 189C, 189D, 189E, 189F, 189G
Crimes (Appeal and Review) Act 2001 (NSW), s 68A
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 5, 7, 17B, 17C, 17D, 66, 67, 68, 69, 73, 73A, 73B sch 2 cl 72
Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 (NSW)
Crimes Act 1900 (NSW), ss 52A, 52AB
Criminal Appeal Act 1912 (NSW), s 5D
Cases Cited: Adam v R [2014] NSWCCA 265
Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27; [2009] HCA 41
Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
CMB v Attorney General for NSW (2015) 256 CLR 346; [2015] HCA 9
Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54
Federal Commissioner of Taxation v Consolidated Media…

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R v Pullen [2018] NSWCCA 264
Case
[2018] NSWCCA 264
Decision Date

CaseChat Overview and Summary

In the case of R v Pullen, the appellant was convicted of dangerous driving occasioning grievous bodily harm and failing to stop and assist after the impact, causing grievous bodily harm. The case was heard in the NSW Court of Criminal Appeal, where the Crown appealed against the adequacy of the sentence imposed on the appellant. The Crown argued that the sentence was manifestly inadequate, particularly in relation to the objective seriousness of the appellant's failure to stop and assist after the impact. The sentencing judge had assessed the objective seriousness of the fail to stop and assist offence as “well below the mid-level”, a decision the Crown contested.

The legal issues before the court were whether the sentence imposed was manifestly inadequate, whether the sentencing judge erred in assessing the objective seriousness of the fail to stop and assist offence as “well below the mid-level”, and whether the court should exercise its residual discretion not to intervene. Additionally, the court had to consider whether the court should impose an Intensive Correction Order. The court considered the meaning of "community safety" as outlined in the Crimes (Sentencing Procedure) Act 1999 and the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017.

The court found that the sentencing judge had erred in assessing the objective seriousness of the fail to stop and assist offence. The court considered that the fail to stop and assist offence was of mid-level seriousness, not well below the mid-level. The court also found that the sentence imposed was manifestly inadequate and exercised its residual discretion to intervene. The court imposed a sentence of imprisonment with an Intensive Correction Order, reflecting the seriousness of the offences and the need for community safety. The court's decision was based on a detailed analysis of the statutory provisions and the principles of sentencing.

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