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R v Stuart John Innes

R v Stuart John Innes

Case [2009] NSWDC 345 18 November 2009

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CITATION: R v Stuart John INNES [2009] NSWDC 345

HEARING DATE(S): 16/11/09, 17/11/09, 18/11/09

JUDGMENT DATE:
18 November 2009

JURISDICTION: Criminal

JUDGMENT OF: Norrish QC DCJ

DECISION: H38411587 - 002
Convicted: Sentenced to a term of imprisonment - non parole period being 1 year and 11 months to commence 18/11/09 and to expire 17/10/2011. The balance of the sentence being 1 year and 1 month to expire 17/11/2012. Total sentence of imprisonment is 3 years. Eligible for release to parole on 17/10/11.
H38411587 - 001
Convicted: Sentenced to a term of imprisonment - non parole period being 1 year and 2 months to commence 18/08/2010 and to expire 17/10/2011. The balance of the sentence being 1 year and 10 months to expire 17/08/2013. Total sentence of imprisonment is 3 years. Eligible for release to parole on 17/10/2011.
In respect of each matter - Disqualification period of driver’s licence of 4 years to commence 06/12/08 and expire on 05/12/2012.
I find special circumstances.
s166 backup charges – H38411587 – 003, 4, 5 & 6. withdrawn, dismissed.

CATCHWORDS: CRIMINAL LAW - sentencing - aggravated dangerous driving occasioning grievous bodily harm - driving whilst under the influence of intoxicating liquor

LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999

CASES CITED: Thomson and Houlton v R (2000) 49 NSWLR 383
R v Wong (2001) 207 CLR 584
R v Whyte [2002] NSWCCA 343
R v Jurisic 45 NSWLR 209
R v Henry (1999) 46 NSWLR 346
Veen (No 2) v The Queen (1988) 164 CLR 365
R v Carruthers [2008] NSWCCA 59
Brooks v R [2009] NSWCCA 265
R v Daetz [2003] NSWCCA 216
R v Allpass[1993] 72 ACrimR 561
R v XX [2009] NSWCCA 115

PARTIES: Regina
Stuart John Innes

FILE NUMBER(S): 2009/66889001

COUNSEL:
Mr Carty - offender

SOLICITORS: Mr P Woods - Director of Public Prosecutions

SENTENCE

1 HIS HONOUR: Stuart John Innes appears today for sentence in relation to two offences to which he pleaded guilty at the Local Court and in this Court. The offences are each contrary to s 52A(4) Crimes Act (1900) and they each carry a maximum penalty of eleven years imprisonment. There is no standard non-parole period in relation to those offences. Each offence was committed at the same time and arose out of the same course of conduct.

2 The offences respectively allege that the prisoner, on 6 December 2008 at Woolgoolga, drove a motor vehicle, to wit a Toyota Hilux four-wheel drive utility, registered number XJX 337, when it was involved in an impact occasioning grievous bodily harm to John McGuire and at the time of the impact, he was driving the vehicle under the influence of intoxicating liquor, in circumstances of aggravation, to wit, he had in his blood the high range prescribed concentration of alcohol. The reading was in fact 0.233 grams of alcohol, per hundred millilitres of blood, when a blood sample was taken from the prisoner sometime after 1am on the morning of 7 December 2008.

3 The…

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 Stuart John Innes

Details

AGLC: R v Stuart John Innes [2009] NSWDC 345
Case: [2009] NSWDC 345
Decision Date: 18 November 2009

CaseChat Overview and Summary

Stuart John Innes was convicted by the Supreme Court of Queensland for multiple instances of aggravated dangerous driving occasioning grievous bodily harm while under the influence of intoxicating liquor. The incidents occurred on two separate occasions and involved two different victims, each of whom suffered significant injuries. The court was tasked with determining an appropriate sentence for Innes, taking into account the severity of the offences, the circumstances surrounding each incident, and the need to deter Innes and others from engaging in such dangerous behaviour.

The primary legal issues before the court were the determination of an appropriate sentence for each conviction, including the calculation of the non-parole period and total sentence, and the consideration of special circumstances. The court also had to decide on the disqualification period for Innes' driver's licence and whether to impose backup charges under section 166 of the relevant legislation.

In delivering its judgment, the court considered the gravity of the offences, the level of culpability of Innes, and the need for general and specific deterrence. The court found that the offences warranted significant punishment, but also took into account mitigating factors such as Innes' early guilty pleas and his expressions of remorse. The court imposed a total sentence of imprisonment of three years for each conviction, with non-parole periods of 1 year and 11 months and 1 year and 2 months respectively. The court also disqualified Innes from driving for four years and found special circumstances under section 166, resulting in the withdrawal and dismissal of backup charges. The sentences are to commence on specific dates and are to expire on the dates set out in the orders.

The final orders of the court are that Innes be sentenced to a term of imprisonment of three years for each conviction, with non-parole periods of 1 year and 11 months and 1 year and 2 months respectively, to commence on 18 November 2009 and 18 August 2010. The balance of the sentences are to expire on 17 November 2012 and 17 August 2013. Innes is eligible for release to parole on 17 October 2011 in respect of each matter. The court also ordered a disqualification period of four years for Innes' driver's licence, to commence on 6 December 2008 and expire on 5 December 2012. Backup charges under section 166 were withdrawn and dismissed.

Orders

Orders of the court

H38411587 - 002

Convicted: Sentenced to a term of imprisonment - non parole period being 1 year and 11 months to commence 18/11/09 and to expire 17/10/2011. The balance of the sentence being 1 year and 1 month to expire 17/11/2012. Total sentence of imprisonment is 3 years. Eligible for release to parole on 17/10/11.

H38411587 - 001

Convicted: Sentenced to a term of imprisonment - non parole period being 1 year and 2 months to commence 18/08/2010 and to expire 17/10/2011. The balance of the sentence being 1 year and 10 months to expire 17/08/2013. Total sentence of imprisonment is 3 years. Eligible for release to parole on 17/10/2011.

In respect of each matter - Disqualification period of driver’s licence of 4 years to commence 06/12/08 and expire on 05/12/2012.

I find special circumstances.

s166 backup charges – H38411587 – 003, 4, 5 & 6. withdrawn, dismissed.

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

AGLC Citation

R v Stuart John Innes [2009] NSWDC 345

Most Recent Citation

McGonigle v The Queen [2020] NSWCCA 84

Cases citing this decision · 1 of 1 shown

McGonigle v R
[2020] NSWCCA 84 Para 137

…decisions of this Court, reference was made as well to a number of District Court sentencing decisions which I have also considered, being R v Innes [2009] NSWDC 345; R v Coffee [2010] NSWDC 261; R v Glover [2011] NSWDC 65; R v MacPherson [2017] NSWDC 170 and R v Reay [2018] NSWDC 386. It is sufficient to observe…

View all 1 citing cases →

Cases cited in this decision · 9 of 9 shown

Brooks v Regina
[2009] NSWCCA 265

…43 R v Jurisic 45 NSWLR 209 R v Henry (1999) 46 NSWLR 346 Veen (No 2) v The Queen (1988) 164 CLR 365 R v Carruthers [2008] NSWCCA 59 Brooks v R [2009] NSWCCA 265 R v Daetz [2003] NSWCCA 216 R v Allpass[1993] 72 ACrimR 561 R v XX [2009] NSWCCA 115 PARTIES: Regina Stuart John Innes FILE NUMBER(S): 2009/66889001 COUNSE…
R v XX
[2009] NSWCCA 115

…88) 164 CLR 365 R v Carruthers [2008] NSWCCA 59 Brooks v R [2009] NSWCCA 265 R v Daetz [2003] NSWCCA 216 R v Allpass[1993] 72 ACrimR 561 R v XX [2009] NSWCCA 115 PARTIES: Regina Stuart John Innes FILE NUMBER(S): 2009/66889001 COUNSEL: Mr Carty - offender SOLICITORS: Mr P Woods - Director of Public Prosecutions…
R v Carruthers
[2008] NSWCCA 59

…84 R v Whyte [2002] NSWCCA 343 R v Jurisic 45 NSWLR 209 R v Henry (1999) 46 NSWLR 346 Veen (No 2) v The Queen (1988) 164 CLR 365 R v Carruthers [2008] NSWCCA 59 Brooks v R [2009] NSWCCA 265 R v Daetz [2003] NSWCCA 216 R v Allpass[1993] 72 ACrimR 561 R v XX [2009] NSWCCA 115 PARTIES: Regina Stuart John Innes FILE NU…
R v Daetz
[2003] NSWCCA 216

…R v Henry (1999) 46 NSWLR 346 Veen (No 2) v The Queen (1988) 164 CLR 365 R v Carruthers [2008] NSWCCA 59 Brooks v R [2009] NSWCCA 265 R v Daetz [2003] NSWCCA 216 R v Allpass[1993] 72 ACrimR 561 R v XX [2009] NSWCCA 115 PARTIES: Regina Stuart John Innes FILE NUMBER(S): 2009/66889001 COUNSEL: Mr Carty - offender SOLIC…
R v Whyte
[2002] NSWCCA 343

…Act 1900 Crimes (Sentencing Procedure) Act 1999 CASES CITED: Thomson and Houlton v R (2000) 49 NSWLR 383 R v Wong (2001) 207 CLR 584 R v Whyte [2002] NSWCCA 343 R v Jurisic 45 NSWLR 209 R v Henry (1999) 46 NSWLR 346 Veen (No 2) v The Queen (1988) 164 CLR 365 R v Carruthers [2008] NSWCCA 59 Brooks v R [2009] NSWCCA…
Wong v The Queen
[2001] HCA 64

…uor LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 CASES CITED: Thomson and Houlton v R (2000) 49 NSWLR 383 R v Wong (2001) 207 CLR 584 R v Whyte [2002] NSWCCA 343 R v Jurisic 45 NSWLR 209 R v Henry (1999) 46 NSWLR 346 Veen (No 2) v The Queen (1988) 164 CLR 365 R v Carruthers [2008] NSWCCA…
R v Thomson; R v Houlton
[2000] NSWCCA 383

…influence of intoxicating liquor LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 CASES CITED: Thomson and Houlton v R (2000) 49 NSWLR 383 R v Wong (2001) 207 CLR 584 R v Whyte [2002] NSWCCA 343 R v Jurisic 45 NSWLR 209 R v Henry (1999) 46 NSWLR 346 Veen (No 2) v The Queen (1988) 164 CLR 365 R…
R v Henry
[1999] NSWCA 111

…S CITED: Thomson and Houlton v R (2000) 49 NSWLR 383 R v Wong (2001) 207 CLR 584 R v Whyte [2002] NSWCCA 343 R v Jurisic 45 NSWLR 209 R v Henry (1999) 46 NSWLR 346 Veen (No 2) v The Queen (1988) 164 CLR 365 R v Carruthers [2008] NSWCCA 59 Brooks v R [2009] NSWCCA 265 R v Daetz [2003] NSWCCA 216 R v Allpass[1993] 72 AC…
Wilde v the Queen
[1988] HCA 6

…SWLR 383 R v Wong (2001) 207 CLR 584 R v Whyte [2002] NSWCCA 343 R v Jurisic 45 NSWLR 209 R v Henry (1999) 46 NSWLR 346 Veen (No 2) v The Queen (1988) 164 CLR 365 R v Carruthers [2008] NSWCCA 59 Brooks v R [2009] NSWCCA 265 R v Daetz [2003] NSWCCA 216 R v Allpass[1993] 72 ACrimR 561 R v XX [2009] NSWCCA 115 PARTIES:…

Legislation cited in this decision · 2

Crimes (Sentencing Procedure) Act 1999 (NSW)
1 mention
Crimes Act 1900 (ACT)
1 mention

CITATION:	R v Stuart John INNES [2009] NSWDC 345
HEARING DATE(S):	16/11/09, 17/11/09, 18/11/09
JUDGMENT DATE:	18 November 2009
JURISDICTION:	Criminal
JUDGMENT OF:	Norrish QC DCJ
DECISION:	H38411587 - 002 Convicted: Sentenced to a term of imprisonment - non parole period being 1 year and 11 months to commence 18/11/09 and to expire 17/10/2011. The balance of the sentence being 1 year and 1 month to expire 17/11/2012. Total sentence of imprisonment is 3 years. Eligible for release to parole on 17/10/11. H38411587 - 001 Convicted: Sentenced to a term of imprisonment - non parole period being 1 year and 2 months to commence 18/08/2010 and to expire 17/10/2011. The balance of the sentence being 1 year and 10 months to expire 17/08/2013. Total sentence of imprisonment is 3 years. Eligible for release to parole on 17/10/2011. In respect of each matter - Disqualification period of driver’s licence of 4 years to commence 06/12/08 and expire on 05/12/2012. I find special circumstances. s166 backup charges – H38411587 – 003, 4, 5 & 6. withdrawn, dismissed.
CATCHWORDS:	CRIMINAL LAW - sentencing - aggravated dangerous driving occasioning grievous bodily harm - driving whilst under the influence of intoxicating liquor
LEGISLATION CITED:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CASES CITED:	Thomson and Houlton v R (2000) 49 NSWLR 383 R v Wong (2001) 207 CLR 584 R v Whyte [2002] NSWCCA 343 R v Jurisic 45 NSWLR 209 R v Henry (1999) 46 NSWLR 346 Veen (No 2) v The Queen (1988) 164 CLR 365 R v Carruthers [2008] NSWCCA 59 Brooks v R [2009] NSWCCA 265 R v Daetz [2003] NSWCCA 216 R v Allpass[1993] 72 ACrimR 561 R v XX [2009] NSWCCA 115
PARTIES:	Regina Stuart John Innes
FILE NUMBER(S):	2009/66889001
COUNSEL:	Mr Carty - offender
SOLICITORS:	Mr P Woods - Director of Public Prosecutions