R v Weldon - [2024] NSWDC 313

District Court

New South Wales

Medium Neutral Citation: R v Weldon [2024] NSWDC 313
Hearing dates: 22 March 2024, 8 April 2024, 22 April 2024, 19 July 2024
Date of orders: 19 July 2024
Decision date: 19 July 2024
Jurisdiction: Criminal
Before: ANDERSON SC DCJ
Decision:
(1) The offender is convicted of each of the two offences before the Court.
(2) With respect to the disqualification period for driving, you are disqualified from driving for a period of 18 months for each offence.
(3) There being no other appropriate penalty, you are sentenced to an aggregate term of imprisonment for a period of 2 years and 4 months pursuant to s 53A of the Crimes (Sentencing Procedure) Act.
(4) Pursuant to s 7(1) of the Crimes (Sentencing Procedure) Act, the sentence imposed upon you is to be served by way of an intensive correction order. The sentence will commence today, 19 July 2024, and end on 18 November 2026.
(5) You must attend the Sydney City Community Corrections office within seven days.
(6) The standard conditions of this order will apply:
(a) You must not commit any offence.
(b) You must submit to supervision and guidance of the Community Corrections service for as long as that service deems necessary or desirable but not exceeding the period of the term of this order I have placed upon you. You are to obey all reasonable directions of that service, including any direction or instructions to undertake examination, assessment, therapy, treatment, counselling or urinalysis whilst under its supervision and guidance.
(7) The following additional conditions will apply:
(a) There is a curfew which will apply between the hours of 9pm and 5am each day for a period of 6 months, commencing today, expiring 18 January 2025. You must be at your home during those hours except on evenings where you are attending Alcoholics Anonymous meetings.
(b) You are to perform community service for 200 hours.
(c) You are to abstain from alcohol.
(d) You are to abstain from any prohibited or restricted drugs or substances except for medication lawfully prescribed to you by a registered medical practitioner.
(e) You are to continue your counselling services with Ms Leontios (or an alternative psychologist) for as long as those psychologists deem it necessary and at a frequency determined by them for either the term this order is in place or for as long as they consider necessary.

Catchwords:
CRIMINAL – sentence – driving occasioning grievous bodily harm – failing to stop and assist in circumstances of causing grievous bodily harm – intensive corrections order

Legislation Cited:
Crimes (Sentencing Procedure) Act 1999
Crimes Act 1900

Cases Cited:
R v Whyte (2002) 55 NSWLR 252
Stanley v Director of Public Prosecutions [2023] HCA 3

Category: Principal judgment
Parties: Office of The Director of Public Prosecutions (Crown)
Dean Weldon (Offender)
Representation:
Counsel:
Mr G Kidd (Crown)
Ms T Evers (Offender)
Solicitors:
Office of The Director of Public Prosecutions (Crown)
O’Brien Winter Partners (Offender)

File Number(s): 2022/172083

JUDGMENT

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 Weldon

Details

AGLC: R v Weldon [2024] NSWDC 313
Case: [2024] NSWDC 313
Decision Date: 19 July 2024

CaseChat Overview and Summary

The case before the court involved the defendant, Weldon, who was charged with two offences: driving occasioning grievous bodily harm and failing to stop and assist in circumstances of causing grievous bodily harm. The matter was heard and determined by the Supreme Court of New South Wales. The legal issues at the heart of this case centred on the appropriate sentence for the defendant's actions, considering the nature and circumstances of the offences, and the applicability of an intensive corrections order under the relevant statutory provisions.

The court had to weigh the severity of the defendant’s actions and the impact on the victim, as well as the defendant's personal circumstances and potential for rehabilitation. The court was required to decide whether an intensive corrections order was suitable in this case and, if so, what additional conditions should be imposed to ensure the defendant's rehabilitation and public safety.

In determining the sentence, the court found that the defendant was guilty of both offences. The court imposed a term of imprisonment of 2 years and 4 months, to be served through an intensive corrections order. The court considered the mitigating factors, including the defendant's cooperation and remorse, but also emphasised the need for deterrence and community protection. The court set specific conditions for the intensive corrections order, including a curfew, community service, abstinence from alcohol and prohibited substances, and ongoing counselling. These conditions were aimed at both penalising the defendant and facilitating their rehabilitation.

The final orders included the defendant's conviction on both charges, a driving disqualification period of 18 months for each offence, and the specifics of the intensive corrections order, including the start and end dates, additional conditions, and mandatory reporting to the Community Corrections service. The court's decision balanced the need for punishment with the potential for rehabilitation, ensuring the sentence was both just and effective in addressing the crimes committed.

Orders

Orders of the court

(1) The offender is convicted of each of the two offences before the Court.

(2) With respect to the disqualification period for driving, you are disqualified from driving for a period of 18 months for each offence.

(3) There being no other appropriate penalty, you are sentenced to an aggregate term of imprisonment for a period of 2 years and 4 months pursuant to s 53A of the Crimes (Sentencing Procedure) Act.

(4) Pursuant to s 7(1) of the Crimes (Sentencing Procedure) Act, the sentence imposed upon you is to be served by way of an intensive correction order. The sentence will commence today, 19 July 2024, and end on 18 November 2026.

(5) You must attend the Sydney City Community Corrections office within seven days.

(6) The standard conditions of this order will apply:

(a) You must not commit any offence.

(b) You must submit to supervision and guidance of the Community Corrections service for as long as that service deems necessary or desirable but not exceeding the period of the term of this order I have placed upon you. You are to obey all reasonable directions of that service, including any direction or instructions to undertake examination, assessment, therapy, treatment, counselling or urinalysis whilst under its supervision and guidance.

(7) The following additional conditions will apply:

(a) There is a curfew which will apply between the hours of 9pm and 5am each day for a period of 6 months, commencing today, expiring 18 January 2025. You must be at your home during those hours except on evenings where you are attending Alcoholics Anonymous meetings.

(b) You are to perform community service for 200 hours.

(d) You are to abstain from any prohibited or restricted drugs or substances except for medication lawfully prescribed to you by a registered medical practitioner.

(e) You are to continue your counselling services with Ms Leontios (or an alternative psychologist) for as long as those psychologists deem it necessary and at a frequency determined by them for either the term this order is in place or for as long as they consider necessary.

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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Medium Neutral Citation:	R v Weldon [2024] NSWDC 313
Hearing dates:	22 March 2024, 8 April 2024, 22 April 2024, 19 July 2024
Date of orders:	19 July 2024
Decision date:	19 July 2024
Jurisdiction:	Criminal
Before:	ANDERSON SC DCJ
Decision:	(1) The offender is convicted of each of the two offences before the Court. (2) With respect to the disqualification period for driving, you are disqualified from driving for a period of 18 months for each offence. (3) There being no other appropriate penalty, you are sentenced to an aggregate term of imprisonment for a period of 2 years and 4 months pursuant to s 53A of the Crimes (Sentencing Procedure) Act. (4) Pursuant to s 7(1) of the Crimes (Sentencing Procedure) Act, the sentence imposed upon you is to be served by way of an intensive correction order. The sentence will commence today, 19 July 2024, and end on 18 November 2026. (5) You must attend the Sydney City Community Corrections office within seven days. (6) The standard conditions of this order will apply: (a) You must not commit any offence. (b) You must submit to supervision and guidance of the Community Corrections service for as long as that service deems necessary or desirable but not exceeding the period of the term of this order I have placed upon you. You are to obey all reasonable directions of that service, including any direction or instructions to undertake examination, assessment, therapy, treatment, counselling or urinalysis whilst under its supervision and guidance. (7) The following additional conditions will apply: (a) There is a curfew which will apply between the hours of 9pm and 5am each day for a period of 6 months, commencing today, expiring 18 January 2025. You must be at your home during those hours except on evenings where you are attending Alcoholics Anonymous meetings. (b) You are to perform community service for 200 hours. (c) You are to abstain from alcohol. (d) You are to abstain from any prohibited or restricted drugs or substances except for medication lawfully prescribed to you by a registered medical practitioner. (e) You are to continue your counselling services with Ms Leontios (or an alternative psychologist) for as long as those psychologists deem it necessary and at a frequency determined by them for either the term this order is in place or for as long as they consider necessary.
Catchwords:	CRIMINAL – sentence – driving occasioning grievous bodily harm – failing to stop and assist in circumstances of causing grievous bodily harm – intensive corrections order
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900
Cases Cited:	R v Whyte (2002) 55 NSWLR 252 Stanley v Director of Public Prosecutions [2023] HCA 3
Category:	Principal judgment
Parties:	Office of The Director of Public Prosecutions (Crown) Dean Weldon (Offender)
Representation:	Counsel: Mr G Kidd (Crown) Ms T Evers (Offender) Solicitors: Office of The Director of Public Prosecutions (Crown) O’Brien Winter Partners (Offender)
File Number(s):	2022/172083