District Court
New South Wales
Medium Neutral Citation: The Queen v Angel [2021] NSWDC 4 Hearing dates: 28 August 2020; 14 September 2020; 19 November 2020; 2 December 2020; 29 January 2021 Date of orders: 29 January 2021 Decision date: 29 January 2021 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: Intensive Corrections Order imposed for a period of 3 years. Orders at [138] – [142]
Catchwords: CRIME – sentence – Dangerous Driving Occasioning GBH – two counts – other charges on Form 1
Legislation Cited: Crimes Act 1900 NSW ss 52A, 53, 53A
Crimes (Sentencing Procedure) Act 1999 NSW ss 5, 21A
Crimes (Sentencing Procedure) Amendment (Sentencing Options) Bill 2017
Road Transport Act 2013 NSW ss 111, 205
Cases Cited: Harrigan v R [2005] NSWCCA 449
Kelly v The Queen [2007] NSWCCA 357
R v Errington [1999] NSWCCA 18
R v Fangaloka [2019] NSWCCA 173
R v Mansweto [2018] NSWCCA 232
Re Attorney General’s Application (No 1 of 2002) (NSW) (2002) 56 NSWLR 146
Rosenthal v R [2008] NSWCCA 149
Silvestri v R [2016] NSWCCA 245
Stanyard v R [2013] NSWCCA 134
Thornton v R [2020] NSWCCA 257
Webb v O’Sullivan [1952] SASR 65
Category: Sentence Parties: Regina (ODPP)
Kyle Bradley Angel (Offender)Representation: Counsel:
J O’Sullivan (Offender)Solicitor Advocate:
Solicitors:
H Cantor (ODPP)
A Gunn (ODPP)
R Locker (Offender)
File Number(s): 2019/156785 Publication restriction: None
Judgment
Introduction
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This sentencing exercise has been very difficult and has consumed a lot of time in Court, but also in consideration out of Court. No sentence imposed on Mr Angel will satisfactorily reflect the catastrophic injuries suffered by Jayden Jackson and the serious injuries suffered by the other passengers. I expect that the Jackson family in particular would think that even the maximum period of imprisonment would be inadequate in the circumstances. No sentence could possibly reflect the harm suffered by the victims. I hope that it is understood by these Remarks that although they may consider the sentence to be inadequate, in view of the suffering of Jayden and his family, it is a sentence which has been determined according to what I consider the proper application of legal principles to the tragic circumstances of this case.
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Mr Angel is to be sentenced for two charges of dangerous driving occasioning grievous bodily harm, in contravention of section 52A(3)(c) of the Crimes Act 1900 (NSW) (sequences 1 and 2). The maximum penalty applicable to those charges is 7 years’ imprisonment.
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There are two counts of cause bodily harm…
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- AGLC
- The Queen v Angel [2021] NSWDC 4
- Case
- [2021] NSWDC 4
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included determining the appropriate sentence for each of the two dangerous driving charges, the applicability of any aggravating or mitigating factors, and the consideration of a non-custodial sentence such as an intensive corrections order (ICO). The court had to balance the need for punishment with the potential for rehabilitation and the protection of the community.
The court found that an ICO was appropriate for Angel. The sentencing judge considered various factors, including Angel's lack of a prior criminal record, the circumstances of the offences, and the potential for rehabilitation. The court imposed an ICO for a period of three years, with specific conditions outlined in the orders. These conditions were intended to address Angel's behaviour, promote rehabilitation, and ensure public safety. The final orders included specific directives for the duration and terms of the ICO, as well as other sentencing conditions.
Orders
Orders of the court
Intensive Corrections Order imposed for a period of 3 years. Orders at [138] – [142]
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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