Wayne Geoffrey Joseph Hughes v Regina

[2007] NSWDC 145

CITATION:	Wayne Geoffrey Joseph Hughes v Regina [2007] NSWDC 145
HEARING DATE(S):	4th June 2007
JUDGMENT DATE:	4 June 2007
EX TEMPORE JUDGMENT DATE:	18 November 2007
JURISDICTION:	Criminal
JUDGMENT OF:	Nicholson SC DCJ
DECISION:	Stood over for sentencing 6/6/08 at Court to be advised.; S 11 bail with conditions pursuant to s. 11Crimes (SP) Act for 12 months. Conditions include attending Court on three occasions with progress reports.
CATCHWORDS:	Criminal Law - Severity Appeal from Local Court - Hight Range PCA offence - 6 months imprisonment - recidivist drink driving offender - unresolved history of sexual abuse - hard worker - s.11 Crimes (Sentencing Procedure) Act bail to demonstrate capacity to rehabilitate granted for 12month period.
LEGISLATION CITED:	s. 11 Crimes (Sentencing Procedure) Act 1999
PARTIES:	Wayne Geoffrey Joseph Hughes Regina
FILE NUMBER(S):	07/32/0217
SOLICITORS:	Crown: M/s K. Malley - Office of Director of Pubul Prosecutions - Newcastle Appellant: Mr R Donne

JUDGMENT

1 HIS HONOUR: Wayne Geoffrey Hughes had consumed ten stubbies of VB beer taken between 4pm and 7.30pm. He had walked home from where the Holden Rodeo he was driving was parked. He had tools in that vehicle. At home he drank some scotch. He became concerned about the tradesman tools he had stored in the truck. He decided to leave home and drive the Rodeo to his home, a journey he says of about a kilometre.

2 Police were conducting a mobile road breathalyser test on 18 November, last year in the Wingham area. As part of the operation Drink Drive 2, the appellant was pulled over. He was unsteady on his feet, police noticed, when he emerged from his vehicle. He knew immediately that he was “gone”, he was “over the limit” and that he had consumed “heaps”.

3 The reading taken by police a short time after his arrest was 0.195 grams of alcohol per 100 millilitres of blood.

4 This appellant’s driving record is poor. Since 1980 there have been five PCA offences, this may be the sixth and two driving whilst disqualified. There are further drive whilst unlicensed. Not surprisingly, the Local Court magistrate sentenced him to six months imprisonment. He appeals against the severity of the sentence imposed by the magistrate.

5 He is a hard worker, employed in the building trade. He has been a foreman for some years. Builders make a significant contribution to our nation. The appellant has participated in this contribution for many years now. He has an apprentice, that is, he appears to be assisting in the training of upcoming tradesmen. The community benefits from that activity.

6 He and his partner have been together for twenty years. He has raised two children within that relationship as his own. That too is an important contribution to family life and the structure of the community.

7 Unfortunately, though, his driving record, and in particular his drink driving record, is an area where he is in breach of the law continually and is prepared to endanger other users of the road. In all other areas he appears responsible. Inso far as his driving is concerned his record suggests an absence of responsibility of a high order.

8 There has been some suggestion that his past and in particular the unlawful and abhorrent sexual abuse of him as a child is contributing to his unlawful conduct. I accept it may well have done so in the past when he says he abused drugs. But it did not contribute to this offence. He was celebrating. He knew he had drunk too much in the course of the celebrating. Even so, he was prepared to take a personal risk to protect or retrieve his tools.

9 That, to me, does not sound anything like his past impacting upon his present behaviour, at least in so far as this driving is concerned.

10 I accept that he is still troubled by his past life experiences. I accept that he is seeking to confront the demons relating to this offending. I accept that course is important, that is, his rehabilitation or confronting his demons is important for his future wellbeing.

11 As part of his response to his mental health issues, including depression and unresolved anger/guilt/grief or whatever over the sexual abuse and also in response to the drink driving, he has abstained from alcohol for three months, sought counselling from Dr Larkin and Dr Jezzudison.

12 I have determined that the appropriate course in this case is to give him twelve months to establish that he is capable of rehabilitating so far as his driving is concerned. What I propose to do is to stand this matter over part heard before me for a period of twelve months and to call upon him to present himself to the Court to demonstrate rehabilitation progress on the two occasions before I come to finalise the matter.

13 The conditions of the bail, the section 11 bail, will be that he accept supervision of Probation and Parole; that he undertake all courses and treatment programs that his case manager with Probation and Parole requires of him.

14 I require reports from the Probation and Parole officers on the progress report occasions.

15 He is to continue with treatment and/or counselling as recommended by his doctors who currently are Dr Larkin and Dr Jezzudison.

16 He will appear before me on 26 October 2007 at the Newcastle District Court to update me on what progress has been made. He will appear before me on 22 February 2008 at a court to be advised, again for the purposes of demonstrating progress and I will finalise this matter on 6 June or thereabouts 2008, again at a court to be advised.

17 Is there anybody in doubt what is required here?

MULLEY: No, your Honour.

DONNE: No.

HIS HONOUR: I order pre-sentence reports from Probation and Parole for 26 October next, 22 February next and 6 June next year. Bail can be entered before the registry.

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