R v West - [2019] NSWDC 967

District Court

New South Wales

Medium Neutral Citation: R v West [2019] NSWDC 967
Hearing dates: Friday 24 May 2019
Date of orders: Monday 27 May 2019
Decision date: 27 May 2019
Jurisdiction: Criminal
Before: Tupman DCJ
Decision:
(1)   The offender is convicted in relation to each    offence.
(2)   Sequences 4, 5 and 6: Sentenced to an aggregate sentence pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 of 5 years with an aggregate non-parole period of 3 years, with parole thereafter of 2 years.
(3)   Sequence 7: Sentenced to a fixed term of imprisonment of 9 months.
(4)   RE: 166 certificate offences (sequences 1, 2, 3, 8, 9 and 10): Back up offences are withdrawn and dismissed.
(5)   Offender is disqualified from holding or obtaining a licence in New South Wales for a period of 3 years to commence on the date she is released on parole.

Catchwords:
CRIME — Driving offences — Dangerous driving occasioning grievous bodily harm — Circumstances of aggravation— Intoxication — Causing bodily harm by misconduct — Offender drove vehicle whilst under the influence of methylamphetamine and delta-9-THC ACID — Offenders ability to drive was substantially impaired — Offender was 39 at the time — offences committed whilst returning from a Local Court appearance on prior driving matter — Offender drove on wrong side of road and caused collision involving two other vehicles — Four victims — Three victims sustained very serious injuries — One victim sustained life-threatening injuries — Some victims have ongoing physical complications as result of accident — Youngest victim was 13 years old — Offender voluntarily told police she had taken drugs prior to the incident — Offender has criminal record involving traffic offences commencing in 2003 — Offender has significant history of mental illness — Offender has history of drug use — Offender expressed genuine remorse and contrition — Prospects of rehabilitation reasonable but dependant on her remaining free of drug use.

Legislation Cited:
Crimes Act 1900 (NSW): ss 52A(4), 53;
Crimes (Sentencing Procedure) Act 1999 (NSW): ss 21A, 53A.

Cases Cited:
R v Kopack [2005] NSWCCA 83.
R v Thomson; R v Houlton (2000) 49 NSWLR 383
R v Whyte (2002) 55 NSWLR 252, R v Kaliti [2001] NSWCCA 268.

Category: Sentence
Parties: Regina (The Crown)
Katrina West (The Offender)
Representation: Unknown

File Number(s): 2017/00384010

Judgment

HER HONOUR: The offender is before the Court for sentence following pleas of guilty entered in the Local Court to four offences. Sequences 4, 5 and 6 are charges of aggravated dangerous driving causing grievous bodily harm, they are charges brought pursuant to s 52A(4) of the Crimes Act 1900 (NSW) and as such each carries a maximum penalty of 11 years imprisonment. The fourth offence, sequence 7, is a charge of causing bodily harm by misconduct. This is an offence contrary to s 53 of the Crimes Act 1900 which carries a maximum penalty of 2 years imprisonment. It is capable of being dealt with in 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 West

Details

AGLC: R v West [2019] NSWDC 967
Case: [2019] NSWDC 967
Decision Date: 27 May 2019

CaseChat Overview and Summary

The case of R v West involved the defendant, who was driving under the influence of methylamphetamine and delta-9-THC when she caused a serious car accident. The incident resulted in grievous bodily harm to three victims and life-threatening injuries to one. The defendant, who had a history of mental illness and drug use, admitted to taking drugs prior to the incident. She expressed genuine remorse and contrition, and her prospects of rehabilitation were deemed reasonable, contingent on her abstaining from drug use.

The legal issues before the court included the severity of the defendant's actions and the extent of the harm caused. The court had to consider the aggravating factors, such as the defendant's intoxication and prior criminal history, as well as the mitigating factors, including her remorse and the potential for rehabilitation. The court also needed to determine the appropriate sentences and consider the impact of the sentences on the defendant's ability to rehabilitate and reintegrate into society.

The court found the defendant guilty on all charges related to the dangerous driving incident. It imposed an aggregate sentence of five years imprisonment with a non-parole period of three years, followed by two years of parole. The court also imposed a fixed term of imprisonment of nine months for one of the offences. The court acknowledged the seriousness of the incident but took into account the defendant's history of mental illness, drug use, and genuine remorse. The court also considered the prospects of rehabilitation and the need to protect the community.

The final orders of the court included the conviction of the defendant on all charges, the imposition of a sentence of five years with a non-parole period of three years, and a disqualification from holding or obtaining a driver's licence in New South Wales for three years. The court also withdrew and dismissed the back-up offences, acknowledging the defendant's expression of remorse and potential for rehabilitation.

Orders

Orders of the court

(1) The offender is convicted in relation to each offence.

(2) Sequences 4, 5 and 6: Sentenced to an aggregate sentence pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 of 5 years with an aggregate non-parole period of 3 years, with parole thereafter of 2 years.

(3) Sequence 7: Sentenced to a fixed term of imprisonment of 9 months.

(4) RE: 166 certificate offences (sequences 1, 2, 3, 8, 9 and 10): Back up offences are withdrawn and dismissed.

(5) Offender is disqualified from holding or obtaining a licence in New South Wales for a period of 3 years to commence on the date she is released on parole.

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 West [2019] NSWDC 967
Hearing dates:	Friday 24 May 2019
Date of orders:	Monday 27 May 2019
Decision date:	27 May 2019
Jurisdiction:	Criminal
Before:	Tupman DCJ
Decision:	(1) The offender is convicted in relation to each offence. (2) Sequences 4, 5 and 6: Sentenced to an aggregate sentence pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 of 5 years with an aggregate non-parole period of 3 years, with parole thereafter of 2 years. (3) Sequence 7: Sentenced to a fixed term of imprisonment of 9 months. (4) RE: 166 certificate offences (sequences 1, 2, 3, 8, 9 and 10): Back up offences are withdrawn and dismissed. (5) Offender is disqualified from holding or obtaining a licence in New South Wales for a period of 3 years to commence on the date she is released on parole.
Catchwords:	CRIME — Driving offences — Dangerous driving occasioning grievous bodily harm — Circumstances of aggravation— Intoxication — Causing bodily harm by misconduct — Offender drove vehicle whilst under the influence of methylamphetamine and delta-9-THC ACID — Offenders ability to drive was substantially impaired — Offender was 39 at the time — offences committed whilst returning from a Local Court appearance on prior driving matter — Offender drove on wrong side of road and caused collision involving two other vehicles — Four victims — Three victims sustained very serious injuries — One victim sustained life-threatening injuries — Some victims have ongoing physical complications as result of accident — Youngest victim was 13 years old — Offender voluntarily told police she had taken drugs prior to the incident — Offender has criminal record involving traffic offences commencing in 2003 — Offender has significant history of mental illness — Offender has history of drug use — Offender expressed genuine remorse and contrition — Prospects of rehabilitation reasonable but dependant on her remaining free of drug use.
Legislation Cited:	Crimes Act 1900 (NSW): ss 52A(4), 53; Crimes (Sentencing Procedure) Act 1999 (NSW): ss 21A, 53A.
Cases Cited:	R v Kopack [2005] NSWCCA 83. R v Thomson; R v Houlton (2000) 49 NSWLR 383 R v Whyte (2002) 55 NSWLR 252, R v Kaliti [2001] NSWCCA 268.
Category:	Sentence
Parties:	Regina (The Crown) Katrina West (The Offender)
Representation:	Unknown
File Number(s):	2017/00384010