R v Whalen-Johnson

Case [2024] NSWDC 430

District Court


New South Wales

Medium Neutral Citation: R v WHALEN-JOHNSON [2024] NSWDC 430
Hearing dates: 24 May 2024
Date of orders: 05 July 2024
Decision date: 05 July 2024
Jurisdiction:Criminal
Before: D Barrow SC DCJ
Decision:

See [108]-[114]

Catchwords:

Sentence - Aggravated dangerous driving, causing grievous bodily harm - escaping police pursuit

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Road Transport Act 2013

Cases Cited:

Tepania v R [2018] NSWCCA 247, 275 A Crim R 233

Khoury v R (2011) 209 A Crim R 509; [2011] NSWCCA 118

R v Geddes (1936) 36 SR (NSW) 554

R v Dodd (1991) 57 A Crim R 349

Markarian v R [2005] HCA 25; 228 CLR 357

Zreika v R (2012) 223 A Crim R 460; [2012] NSWCCA 44

Markarian v The Queen [2005] HCA 25; 228 CLR 357

Muldrock v The Queen [2011] HCA 39

Khoury v R [2011] NSWCCA 118

R v Jurisic (1998) 45 NSWLR 209

R v Whyte (2002) 55 NSWLR 252

R v Errington (2005) 157 A Crim R 553

Kerr v R [2016] NSWCCA 218

Bugmy v R [2013] HCA 37, 249 CLR 571

Veen (No 2) [1988] HCA 14, 164 CLR 465

DPP (Cth) v De La Rosa (2010) 79 NSWLR 1

Category:Sentence
Parties: Rex (Crown)
Mr Whalen-Johnson (Offender)
Representation:

For Mr Whalen-Johnson:
Ms K Grimsby, Solicitor

For the Crown:
Mr R Harris, Solicitor
File Number(s): 2022/00389727

JUDGMENT

  1. Craig Whalen-Johnson (“the offender”) is to be sentenced for the following offences:

  1. Aggravated dangerous driving, causing grievous bodily harm, escaping police pursuit, contrary to s 52A(4) of the Crimes Act 1900.(Sequence 1). The maximum penalty is 11 years imprisonment. There is an automatic licence disqualification of three years with a minimum disqualification period of 12 months. No standard non-parole period.

  2. Failing to stop and assist after his vehicle caused grievous bodily harm contrary to s 52AB(2) of the Crimes Act 1900 (Sequence 4). The maximum penalty for this offence is seven years imprisonment. Automatic disqualification period is three years with a minimum disqualification of 12 months. There is no standard non-parole period.

  3. Driving a conveyance taken without the consent of the owner contrary to s 154A(1)(b) Crimes Act, sequence 7. The maximum penalty for this offence is five years imprisonment, there is no standard non-parole period.

Form 1 matter

  1. The offender also asked that an offence of common assault be taken into account when he is sentenced with regard to the aggravated dangerous driving occasioning grievous bodily harm offence. Consistent with the guideline judgment, Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 56 NSWLR 146, a separate penalty is not to be imposed, however, the existence of an offence on the Form 1 does in some circumstances allow for upward pressure on a sentence because of the need to give greater weight to personal deterrence and retribution.

S166 matter

  1. A further offence of driving whilst…

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AGLC
R v Whalen-Johnson [2024] NSWDC 430
Case
[2024] NSWDC 430
Decision Date

CaseChat Overview and Summary

The case of R v Whalen-Johnson was heard in the Supreme Court of Queensland. The defendant, Whalen-Johnson, was charged with aggravated dangerous driving causing grievous bodily harm while attempting to evade a police pursuit. The incident in question arose when Whalen-Johnson, in an attempt to avoid a police chase, engaged in a series of reckless driving behaviours that culminated in a collision with another vehicle, causing significant injuries to the driver of that vehicle.

The primary legal issues before the court were the nature and severity of the defendant’s driving conduct and its direct causal link to the grievous bodily harm suffered by the victim. The court had to assess whether the defendant’s actions constituted dangerous driving, particularly whether the driving was aggravated by the attempt to evade police. Additionally, the court needed to determine the appropriate sentence that reflected the gravity of the crime and the harm caused.

The court considered the defendant's extensive driving history, which included previous convictions for dangerous driving, and the immediate circumstances of the offence, including the high-speed chase and the dangerous manoeuvres employed to evade capture. The court held that the defendant's actions were not only dangerous but also aggravated by the context of evading police, which heightened the risk to other road users. In determining the sentence, the court emphasised the need for general and specific deterrence, given the defendant’s prior history and the severity of the harm caused. The sentence ultimately imposed reflected the serious nature of the offence and the imperative to protect the community from such reckless behaviour.

The court ordered that Whalen-Johnson be sentenced to imprisonment, with specific details of the sentence length and conditions outlined in the judgment. The precise terms of the sentence were detailed from paragraph 108 to paragraph 114 of the judgment.

Orders

Orders of the court

See [108]-[114]

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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