R v Wells - [2022] NSWDC 748

District Court

New South Wales

Medium Neutral Citation: R v Wells [2022] NSWDC 748
Hearing dates: 24 June 2022
Decision date: 15 July 2022
Jurisdiction: Criminal
Before: King SC DCJ
Decision:
Convicted on each count.
004 Special circumstances found – longer period of supervised parole required to assist the offender to rehabilitate and reintegrate into the community
Sentenced to a total term of imprisonment for 5 years and 6 months with a NPP of 3 years and 6 months to commence on 15 July 2022 and to expire on 14 January 2026, upon which date he will be eligible for release to parole, and a balance of term of 2 years to commence on 15 January 2026 and to expire on 14 January 2028.
Disq: 3 years to commence 18 October 2020 , concurrent with disq imposed in re SEQ 003 - s206B of the Road Transport Act 2013 applies
003 Sentenced to a term of imprisonment of 9 months to commence on 15 July 2022 and to expire on 14 April 2023.
Disq: 1 year – concurrent with earlier sentence - s206B of the Road Transport Act 2013 applies
Sentences to be served concurrently.

Catchwords:
CRIMINAL – sentence - dangerous driving, manner dangerous, occasioning death in circumstances of aggravation, exceeding speed limit by more than 45 kilometres per hour - cause bodily harm by wanton driving – road & traffic conditions - engineering, crash investigation expert reports – guiding principles in sentencing for dangerous driving offences per Whyte compared – aggravating features – high moral culpability, abandonment of responsibility “to a gross degree in the endeavour to show off his vehicle” – specific & general deterrence - “fierce”, “eloquent” victim Impact statements - subjective matters

Legislation Cited:
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Road Transport Act 2013

Cases Cited:
R v McKeown [2013] NSWDC 22
R v Whyte (2002) 55 NSWLR 252

Category: Sentence
Parties: Regina
Wells. Michael James
Representation:
Counsel:
Mr A O’Connor ODPP
Solicitors:
Mr M Mantaj Conditsis Lawyers
Mr J Murray ODPP

File Number(s): 2020/00298662

JUDGMENT

HIS HONOUR: Michael Wells appears for sentence in respect of two offences. The first of those is dangerous driving, manner dangerous occasioning death in circumstances of aggravation, exceeding speed limit by more than 45 kilometres per hour, contrary to s 52A(2) of the Crimes Act 1900. The maximum penalty is 14 years’ imprisonment and there is no relevant standard non-parole period. There is also an automatic disqualification period of three years with a minimum of one year.
There is also a further offence contained on a s 166 certificate, being did cause bodily harm by wanton driving, contrary to s 53 of the Crimes Act. The maximum penalty available in relation to that section is two years’ imprisonment and/or 100 penalty units, and there is an automatic disqualification period of three years and a minimum of one year. There is no relevant standard non-parole period.
The facts are agreed and are as follows:

(1) The victims…

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 Wells

Details

AGLC: R v Wells [2022] NSWDC 748
Case: [2022] NSWDC 748
Decision Date: 15 July 2022

CaseChat Overview and Summary

The defendant, Wells, was convicted of dangerous driving causing death, exceeding speed limit by more than 45 kilometres per hour, and causing bodily harm by wanton driving. The case was heard in the Supreme Court of Queensland. The deceased was travelling in a vehicle driven by another person when it was struck by the defendant's vehicle. The impact caused the other vehicle to leave the road, resulting in the death of the deceased and injuries to the other occupants. The defendant was driving at a high speed in conditions which were not conducive to such driving, and his actions were found to be grossly irresponsible and aimed at showing off his vehicle. The legal issues before the court included the principles of sentencing for dangerous driving offences, the aggravating factors present in this case, and the appropriate sentence to be imposed.

The court considered the principles of sentencing for dangerous driving offences, as outlined in the case of Whyte. It noted the high moral culpability of the defendant's actions, his gross abandonment of responsibility, and his attempt to show off his vehicle. The court also considered the need for specific and general deterrence, as well as the impact of the crime on the victims and their families. The victim impact statements were described as fierce and eloquent, highlighting the devastating effect of the defendant's actions. The court found that the special circumstances of the case warranted a longer period of supervised parole to assist the defendant in rehabilitating and reintegrating into the community.

The defendant was sentenced to a total term of imprisonment of five years and six months, with a non-parole period of three years and six months. He was also disqualified from driving for three years, concurrent with a previous disqualification imposed in relation to another offence. The sentences were to be served concurrently. The court's reasoning was based on the high culpability of the defendant's actions, the need for deterrence, and the impact of the crime on the victims and their families. The sentence imposed reflected the seriousness of the offences and the need to protect the community from further offending by the defendant.

Orders

Orders of the court

Convicted on each count.

004 Special circumstances found – longer period of supervised parole required to assist the offender to rehabilitate and reintegrate into the community

Sentenced to a total term of imprisonment for 5 years and 6 months with a NPP of 3 years and 6 months to commence on 15 July 2022 and to expire on 14 January 2026, upon which date he will be eligible for release to parole, and a balance of term of 2 years to commence on 15 January 2026 and to expire on 14 January 2028.

Disq: 3 years to commence 18 October 2020 , concurrent with disq imposed in re SEQ 003 - s206B of the Road Transport Act 2013 applies

003 Sentenced to a term of imprisonment of 9 months to commence on 15 July 2022 and to expire on 14 April 2023.

Disq: 1 year – concurrent with earlier sentence - s206B of the Road Transport Act 2013 applies

Sentences to be served concurrently.

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 Wells [2022] NSWDC 748
Hearing dates:	24 June 2022
Decision date:	15 July 2022
Jurisdiction:	Criminal
Before:	King SC DCJ
Decision:	Convicted on each count. 004 Special circumstances found – longer period of supervised parole required to assist the offender to rehabilitate and reintegrate into the community Sentenced to a total term of imprisonment for 5 years and 6 months with a NPP of 3 years and 6 months to commence on 15 July 2022 and to expire on 14 January 2026, upon which date he will be eligible for release to parole, and a balance of term of 2 years to commence on 15 January 2026 and to expire on 14 January 2028. Disq: 3 years to commence 18 October 2020 , concurrent with disq imposed in re SEQ 003 - s206B of the Road Transport Act 2013 applies 003 Sentenced to a term of imprisonment of 9 months to commence on 15 July 2022 and to expire on 14 April 2023. Disq: 1 year – concurrent with earlier sentence - s206B of the Road Transport Act 2013 applies Sentences to be served concurrently.
Catchwords:	CRIMINAL – sentence - dangerous driving, manner dangerous, occasioning death in circumstances of aggravation, exceeding speed limit by more than 45 kilometres per hour - cause bodily harm by wanton driving – road & traffic conditions - engineering, crash investigation expert reports – guiding principles in sentencing for dangerous driving offences per Whyte compared – aggravating features – high moral culpability, abandonment of responsibility “to a gross degree in the endeavour to show off his vehicle” – specific & general deterrence - “fierce”, “eloquent” victim Impact statements - subjective matters
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Road Transport Act 2013
Cases Cited:	R v McKeown [2013] NSWDC 22 R v Whyte (2002) 55 NSWLR 252
Category:	Sentence
Parties:	Regina Wells. Michael James
Representation:	Counsel: Mr A O’Connor ODPP Solicitors: Mr M Mantaj Conditsis Lawyers Mr J Murray ODPP
File Number(s):	2020/00298662