Stanton v R [2021] NSWCCA 123

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Stanton v R [2021] NSWCCA 123 Hearing dates: 31 May 2021 Date of orders: 18 June 2021 Decision date: 18 June 2021 Before: Harrison J at [1] Beech-Jones J at [2] Cavanagh J at [45] Decision: (1) Appeal allowed; (2) Set aside the sentence imposed by Colefax SC DCJ on 30 June 2020; (3) In place thereof: (a) impose an aggregate sentence of 3 years and 4 months imprisonment to commence on 30 June 2020 and expire on 31 October 2023; (b) pursuant to s 44(2A) of the Crimes (Sentencing Procedure) Act 1999 set a non-parole period of 2 years and 3 months commencing on 30 June 2020 and expiring 30 September 2022; (c) specify that the earliest date the applicant will be eligible to be released on parole is 30 September 2022; (d) pursuant to s 53A(2)(b) of the Crimes (Sentencing Procedure) Act 1999, record that an aggregate sentence is imposed and indicate to the applicant that the sentences that would have been imposed for each offence under separate sentences instead of an aggregate sentence are as follows: Dangerous driving occasioning grievous bodily harm while under the influence of a prohibited drug (Ms O'Regan) – 2 years 8 months Dangerous driving occasioning grievous bodily harm while under the influence of a prohibited drug (Mr Clarke) – 2 years 2 months Catchwords: SENTENCING – dangerous driving causing grievous bodily harm – effect of intoxicating drug – applicant suffered fatigue from withdrawal phase of using methylamphetamine – whether finding that driver significantly effected by drugs was open – whether sentencing judge failed to apply guideline judgment – Whyte – whether sentence manifestly excessive – appeal allowed – sentence reduced Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: BJS v R [2013] NSWCCA 123 Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41 Colville v R [2015] NSWCCA 149 Hili v R; Jones v R (2010) 242 CLR 520; [2010] HCA 45 Hordern v R [2019] NSWCCA 138 JM v R [2014] NSWCCA 297 Moodie v R [2020] NSWCCA 160 Muldrock v R (2011) 244 CLR 120; [2011] HCA 39 PD v R [2012] NSWCCA 242 R v O'Donoghue (1988) 34 A Crim R 397 R v Stanton [2020] NSWDC 454 R v Whyte (2002) 55 NSWLR 252; [2002] NSWCCA 343 WW v R [2012] NSWCCA 165 Category: Principal judgment Parties: Shane Robert Stanton (Applicant) Regina (Crown) Representation: Counsel: Mr D Carroll (Applicant) Ms E Wilkins SC (Crown)