R v Stuart John Innes

Case [2009] NSWDC 345


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 withdrawn, dismissed.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…

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

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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