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R v Squires

R v Squires

Case [2021] NSWDC 199 25 February 2021

Criminal Liability

Sentencing

Mens Rea & Intention

Remorse and Contrition

Criminal Law

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District Court

New South Wales

Medium Neutral Citation: R v Squires [2021] NSWDC 199
Hearing dates: 19 February 2021
Decision date: 25 February 2021
Jurisdiction: Criminal
Before: Norrish QC DCJ
Decision:
Sentenced to an aggregate term of imprisonment of 3 years; non-parole period 12 months imprisonment
Driver’s licence disqualification - 12 months

Catchwords:
CRIME – sentence – drive manner dangerous causing death x 2 – low moral culpability – no prior significant criminal or traffic history – prior good character – remorse and contrition – absence of usual aggravating factors – ‘exceptional circumstances’ – totality of criminality

Legislation Cited:
Crimes (Sentencing Procedure) Act 1999
Road Transport Act

Cases Cited:
Jimmy v R [2020] NSWCCA 60
Johnson v R (2004) 78 ALJR 216
Mill v R (1988) 166 CLR 59
Pearce v R (1988) 194 CLR 610
R v Berg [2004] NSWCCA 300
R v Edwards (1996) 90 A Crim R 510
R v Hammoud (2008) 118 A Crim R
R v Janceski [2005] NSWCCA 288
R v Jurisic (1998) (CCA – unreported – 12 October 1998)
R v MMK [2006] 164 A Crim R 481
R v Previtera (1997) 94 A Crim R 76
R v Richards [2006] NSWCCA 262
R v Whyte [2002] NSWCCA 343; 55 NSWLR 252
R v XX (2009) 195 A Crim R 38
SBF v R [2009] NSWCCA 231
Stumbles v R [2006] NSWCCA 418
Thomson and Houlton v R [2000] NSWCCA 309
Veen (No 2) v R [1988] HCA 14; 164 CLR 465
Whelan v R [2012] NSWCCA 147

Category: Sentence
Parties: Regina (Crown)
Graham William Squires (Offender)
Representation: Counsel:
Mr D Scully (DPP)
Mr L Brasch (Offender)

File Number(s): 2019/00201819
Publication restriction: No

Judgment

Graham William Squires appears today for sentence in relation to two offences for which he was found guilty by jury verdict at the Wollongong District Court in late October last year.
I apologise to the Crown and Mr Squires for the delay in disposing of this matter. The verdict was received on 22 October, and I fixed the date for the sentence hearing, if not the imposition of the sentence in mid-December, but as it transpired the date I fixed was a date when I was not sitting, and I had to stand the matter over until after the Christmas break.
The two offences were specifically that on 28 June 2019 at West Wollongong in the State of New South Wales the accused did drive a motor vehicle, namely his Ford Territory vehicle, in a manner danger to a person or persons where the vehicle was involved in an impact the result of which caused the deaths of John Cerezo and Catherine Camilleri. These offences were committed on a Friday afternoon, shortly after 2:00pm.
There are two offences on a s 166 certificate of negligent driving causing death that in light of the verdict, will be withdrawn by the Crown and dismissed by me. I will make those orders shortly.
I firstly deal with the facts of…

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 Squires

Details

AGLC: R v Squires [2021] NSWDC 199
Case: [2021] NSWDC 199
Decision Date: 25 February 2021

CaseChat Overview and Summary

The defendant, Squires, was convicted of two charges of causing death by dangerous driving and was sentenced in the County Court of Victoria. The court was required to determine an appropriate sentence, considering the nature of the offences, Squires’ moral culpability, criminal history, remorse, and the totality of his criminality.

The court had to decide the appropriate penalty for Squires, given the severity of the offences and mitigating factors. Key issues included the absence of significant prior criminal history, Squires’ remorse, and the absence of usual aggravating factors. The court considered whether these circumstances constituted 'exceptional circumstances' warranting a reduced sentence.

The court found Squires’ moral culpability to be low due to the absence of prior criminal or traffic history, his good character, and his remorse. The court also noted the absence of typical aggravating factors, such as intoxication or high-speed driving. These factors, combined with the totality of Squires’ criminality, led the court to determine that an exceptional circumstances existed. The court sentenced Squires to an aggregate term of imprisonment of three years, with a non-parole period of twelve months. Additionally, Squires' driver’s licence was disqualified for twelve months.

Orders

Orders of the court

Sentenced to an aggregate term of imprisonment of 3 years; non-parole period 12 months imprisonment

Driver’s licence disqualification - 12 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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Citations

R v Squires [2021] NSWDC 199

Cases Citing This Decision

No citing cases yet.

Cases Cited

Johnson v R [2023] NZHC 2518
Citation 1 (Para 100)

…When one speaks of totality one brings to mind authorities such as Mill v R (1988) 166 CLR 59, Johnson v R (2004) 78 ALJR 216 and in the Court of Criminal Appeal decisions such as Jimmy from 2010 where Campbell JA, Rothman and Howie JJ were in agreement. In R v XX (2009) 195 A Crim R 38, particularly at [52] Hall J s…
Chuang, Chih Wen v The Queen; Chen, Chun Hung v The Queen [2020] NSWCCA 60
Citation 2

…– totality of criminality Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Road Transport Act Cases Cited: Jimmy v R [2020] NSWCCA 60 Johnson v R (2004) 78 ALJR 216 Mill v R (1988) 166 CLR 59 Pearce v R (1988) 194 CLR 610 R v Berg [2004] NSWCCA 300 R v Edwards (1996) 90 A Crim R 510 R v Hammoud (2008) 118…
Whelan v R [2012] NSWCCA 147
Citation 3 (Para 77)

…In any event, Mr Brasch took me to a decision of Whelan [2012] NSWCCA 147, particularly at [4] in the judgment of President Allsop, now the Chief Justice of the Federal Court which I note. He made various submissions in relation to the facts, some of those matters the Crown took issue with and particularly in relati…
SBF v R [2009] NSWCCA 231
Citation 4 (Para 36)

…contained within victim impact statements is governed by principles set out in decisions such as R v Previtera (1997) 94 A Crim R 76 and SBF v Regina [2009] NSWCCA 231, particularly at [90].…
Stumbles v R [2006] NSWCCA 418
Citation 5 (Para 81)

…“highly exceptional circumstances”, citing the well-known decision of Edwards (1996) 90 A Crim R 510. He also cites the decision of Stumbles v R [2006] NSWCCA 418, particularly at [32]. I am aware of those authorities and I have taken that material into account. The Crown in its submissions have accepted exceptiona…
Richards v R [2006] NSWCCA 262
Citation 6 (Para 98)

…In the decision a year later of R v Richards [2006] NSWCCA 262 at [78] it was held in that case, that the failure to “accumulate” sentences “at least partially...appears to have been a failure to acknowledge the harm done to the individual victims”. But, of course, one has to have regard to the deaths arising out of…
R v Whyte [2006] NSWCCA 75
Citation 7

…K [2006] 164 A Crim R 481 R v Previtera (1997) 94 A Crim R 76 R v Richards [2006] NSWCCA 262 R v Whyte [2002] NSWCCA 343; 55 NSWLR 252 R v XX (2009) 195 A Crim R 38 SBF v R [2009] NSWCCA 231 Stumbles v R [2006] NSWCCA 418 Thomson and Houlton v R [2000] NSWCCA 309 Veen (No 2) v R [1988] HCA 14; 164 CLR 465 Whela…
R v Janceski [2005] NSWCCA 288
Citation 8 (Para 82)

…, not separate actions of the prisoner. In that regard, in dangerous driving cases, there is the observations of Acting Justice Hunt in R v Janceski, [2005] NSWCCA 288, where his Honour pointed out that:…
R v Berg [2004] NSWCCA 300
Citation 9 (Para 37)

…conclusion that an aggravating factor arises in the circumstances of death causing substantial emotional harm to the family of the victims, R v Berg [2004] NSWCCA 300 at [42]. There were no “additional aggravating factors” identified arising under s 21A(2) of the Act in the Crown’s case beyond those of course conce…
R v Whyte [2002] NSWCCA 343
Citation 10 (Para 52)

…seriousness and the culpability of the prisoner by reference to the decision of Whyte a decision of the Court of Criminal Appeal from a Crown appeal ([2002] NSWCCA 343). I will refer to that judgment shortly. That judgment was a “guideline judgment” in relation to sentencing for offences of this type in the context…
Morawski v State Rail Authority [2000] NSWCCA 309
Citation 11

…NSWLR 252 R v XX (2009) 195 A Crim R 38 SBF v R [2009] NSWCCA 231 Stumbles v R [2006] NSWCCA 418 Thomson and Houlton v R [2000] NSWCCA 309 Veen (No 2) v R [1988] HCA 14; 164 CLR 465 Whelan v R [2012] NSWCCA 147 Category: Sentence Parties: Regina (Crown) Graham William Squires (Offender) Representation: Counsel: Mr…
Pearce v The Queen [1998] HCA 57
Citation 12 (Para 99)

…R v Hammoud (2008) 118 A Crim R particularly at [7] and what was said by the High Court in the majority judgment in a conviction appeal of Pearce v R (1988) 194 CLR 610, particularly at [45]. Their Honours were careful to point out, for reasons I will not go into here, that:…
Mill v The Queen [1988] HCA 70
Citation 13 (Para 100)

…When one speaks of totality one brings to mind authorities such as Mill v R (1988) 166 CLR 59, Johnson v R (2004) 78 ALJR 216 and in the Court of Criminal Appeal decisions such as Jimmy from 2010 where Campbell JA, Rothman and Howie JJ were in agreement. In R v XX (2009) 195 A Crim R 38, particularly at [52] Hall J…
Veen v The Queen (No 2) [1988] HCA 14
Citation 14

…m R 38 SBF v R [2009] NSWCCA 231 Stumbles v R [2006] NSWCCA 418 Thomson and Houlton v R [2000] NSWCCA 309 Veen (No 2) v R [1988] HCA 14; 164 CLR 465 Whelan v R [2012] NSWCCA 147 Category: Sentence Parties: Regina (Crown) Graham William Squires (Offender) Representation: Counsel: Mr D Scully (DPP) Mr L Brasch (Of…

Legislation Cited

Crimes (Sentencing Procedure) Act 1999 (NSW)
1 mention (from Para 32)

Medium Neutral Citation:	R v Squires [2021] NSWDC 199
Hearing dates:	19 February 2021
Decision date:	25 February 2021
Jurisdiction:	Criminal
Before:	Norrish QC DCJ
Decision:	Sentenced to an aggregate term of imprisonment of 3 years; non-parole period 12 months imprisonment Driver’s licence disqualification - 12 months
Catchwords:	CRIME – sentence – drive manner dangerous causing death x 2 – low moral culpability – no prior significant criminal or traffic history – prior good character – remorse and contrition – absence of usual aggravating factors – ‘exceptional circumstances’ – totality of criminality
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 Road Transport Act
Cases Cited:	Jimmy v R [2020] NSWCCA 60 Johnson v R (2004) 78 ALJR 216 Mill v R (1988) 166 CLR 59 Pearce v R (1988) 194 CLR 610 R v Berg [2004] NSWCCA 300 R v Edwards (1996) 90 A Crim R 510 R v Hammoud (2008) 118 A Crim R R v Janceski [2005] NSWCCA 288 R v Jurisic (1998) (CCA – unreported – 12 October 1998) R v MMK [2006] 164 A Crim R 481 R v Previtera (1997) 94 A Crim R 76 R v Richards [2006] NSWCCA 262 R v Whyte [2002] NSWCCA 343; 55 NSWLR 252 R v XX (2009) 195 A Crim R 38 SBF v R [2009] NSWCCA 231 Stumbles v R [2006] NSWCCA 418 Thomson and Houlton v R [2000] NSWCCA 309 Veen (No 2) v R [1988] HCA 14; 164 CLR 465 Whelan v R [2012] NSWCCA 147
Category:	Sentence
Parties:	Regina (Crown) Graham William Squires (Offender)
Representation:	Counsel: Mr D Scully (DPP) Mr L Brasch (Offender)
File Number(s):	2019/00201819
Publication restriction:	No