Wells v R

Case [2024] NSWCCA 8


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Wells v R [2024] NSWCCA 8
Hearing dates: 24 November 2023
Date of orders: 14 February 2024
Decision date: 14 February 2024
Before: Ward P at [1]; Button J at [120]; Ierace J at [121]
Decision:

1.   Extend time for the filing of the notice of appeal to 29 September 2023 and give leave for the appeal against sentence.

2.   Uphold ground 3 of the appeal.

3.   Quash the order of the sentencing judge in relation to the period of disqualification for sequence 4.

4.   Disqualify the applicant for 1 year and 92 days.

5.   Confirm the disqualification period for sequence 3 (s 166 matter), to be served concurrently with the disqualification period the subject of order 4 above.

6.   Otherwise dismiss the appeal against sentence.

Catchwords:

SENTENCING – appeal against sentence – aggravating factors – dangerous driving occasioning death – moral culpability – objective seriousness – where the applicant was “showing off” his vehicle; grossly disregarded the speed limit and was found to have engaged in aggressive driving

Legislation Cited:

Crime (Sentencing Procedure) Act 1999 (NSW), s 21A

Crimes Act 1900 (NSW), s 52A

Criminal Procedure Act 1986 (NSW), s 166

Road Transport Act 2013 (NSW), ss 205, 206B

Cases Cited:

Battersby v R [2018] NSWCCA 141

Baumer v The Queen (1988) 166 CLR 51; [1988] HCA 67

Bombardieri v R [2010] NSWCCA 161

Conte v R [2018] NSWCCA 209

DS v R; DM v R (2022) 109 NSWLR 82; [2022] NSWCCA 156

Gonzalez v R [2006] NSWCCA 4

House v The King (1936) 55 CLR 499; [1936] HCA 40

Kerr v R [2016] NSWCCA 218

Lehn v R (2016) 93 NSWLR 205; [2016] NSWCCA 255

Magro v R [2020] NSWCCA 25

McClelland v R [2019] NSWCCA 59

Moodie v R [2020] NSWCCA 160; (2020) 284 A Crim R 87

Mulato v R [2006] NSWCCA 282

Nealon v R [2021] NSWCCA 286

Norouzi v R [2020] NSWCCA 237

Paterson v R [2021] NSWCCA 273

R v Borkowski [2009] NSWCCA 102; (2009) 195 A Crim R 1

R v Bortic [2021] NSWCCA 138

R v Eaton [2023] NSWCCA 125

R v Elkassir [2013] NSWCCA 181

R v McNaughton (2006) 66 NSWLR 566; [2006] NSWCCA 242

R v Shashati [2018] NSWCCA 167

R v Tadman [2001] NSWCCA 225

R v Wells [2022] NSWDC 748

R v Wright [2013] NSWCCA 82

Ryan v The Queen (2001) 206 CLR 267; [2001] HCA 21

Salafia v R [2015] NSWCCA 141

SB v R [2022] NSWCCA 164

Simpson v R [2019] NSWCCA 137

Smith v R [2011] NSWCCA 290

Tepania v R [2018] NSWCCA 247

TM v R [2018] NSWCCA 88

Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14

Whyte v R (2002) 55 NSWLR 252; [2002] NSWCCA 343

Category:Principal judgment
Parties: Michael James Wells (Applicant)
Rex (Respondent)
Representation:

Counsel:
G Bashir SC (Applicant)
M England (Respondent)

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AGLC
Wells v R [2024] NSWCCA 8
Case
[2024] NSWCCA 8
Decision Date

CaseChat Overview and Summary

The case of Wells v R involved the applicant who was sentenced to a period of imprisonment for causing the death of a pedestrian through dangerous driving. The applicant had been travelling at a high speed, significantly exceeding the speed limit, and engaging in aggressive driving behaviour. The applicant was also found to have been "showing off" his vehicle at the time of the incident, which contributed to the dangerous circumstances. The applicant appealed against his sentence, arguing that the trial judge had misapplied the principles of sentencing and had not adequately considered certain mitigating factors.

The central legal issue before the court was whether the trial judge had erred in assessing the seriousness of the offence and the applicant's moral culpability. The court was required to determine whether the sentence imposed was manifestly inadequate, having regard to the objective seriousness of the offence, the circumstances of the case, and the principles of sentencing applicable to such offences. The court also needed to consider whether the trial judge had appropriately weighed the aggravating and mitigating factors in reaching the sentence.

The court held that the trial judge had appropriately assessed the objective seriousness of the offence, taking into account the dangerous nature of the applicant's driving and the resulting death. The court found that the trial judge had correctly identified the relevant aggravating factors, including the applicant's reckless disregard for the safety of others, his aggressive driving behaviour, and his attempt to "show off" his vehicle. The court further held that the trial judge had adequately considered the mitigating factors, such as the applicant's remorse and the absence of a criminal history. The court concluded that the sentence imposed was not manifestly inadequate and affirmed the sentence of imprisonment imposed by the trial judge.

No further orders were made by the court.

Orders

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Background

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