R v Egan [2021] NSWDC 270

District Court New South Wales

Medium Neutral Citation: R v Egan [2021] NSWDC 270 Hearing dates: 7 May 2021 Date of orders: 7 May 2021 Decision date: 07 May 2021 Jurisdiction: Criminal Before: Grant DCJ Decision: See sentence at paragraph [40]. Catchwords: Criminal law- sentence - drive vehicle under the influence of methylamphetamine – heavy vehicle collision – death – Form 1 Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: Attorney General's Application under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518 Moodie v R [2020] NSWCCA 160 R v Whyte (2002) 55 NSWLR 252 R v Craig Besant [2003] NSWCCA 388 R v Gardner [2004] NSWCCA 365 R v Khatter [2000] NSWCCA 32 Category: Sentence Parties: Regina (Crown) Jamie Egan (Offender) Representation: Counsel: Ms Mendes (Offender)

Solicitors: Ms Hanshaw (DPP) File Number(s): 2019/00222386 Publication restriction: Nil

EX TEMPORE Judgment 1. HIS HONOUR: Jamie William Egan appears for sentence having pleaded guilty to drive a vehicle under the influence of methylamphetamine, contrary to s 52A(1)(a) of the Crimes Act 1900. The maximum penalty is 10 years imprisonment. There is no standard non-parole period. The maximum penalty is an important guidepost in the assessment of sentence.

FORM 1 1. The offender also asks that I take into account on sentence, pursuant to s 32 of the Crimes (Sentencing Procedure) Act 1999, one offence listed in a Form 1, namely possess a prohibited drug methamphetamine 1.36 grams contrary to s 10 of the Drug Misuse and Trafficking Act 1985, with a maximum penalty of two years imprisonment. 2. I note that having availed himself of this arrangement the offender has the benefit of not facing separate punishment for the additional offence. I have reviewed the principles enunciated in Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999, (No 1) 2002 [2002] NSWCCA 518. The court is to impose a sentence for the totality of the criminality before it, reflected in both the offence for which the offender is to be sentenced and the offence taken into account. This may mean that the sentence passed is greater than that which would have been appropriate for the principal offence standing alone. 3. The fact that matters are on a Form 1 are to be taken into account means that greater weight should be given to personal deterrence and retribution. As part of the instinctive synthesis approach to sentencing the court takes the Form 1 matters into account as required by the statute in determining the appropriate penalty for the offence for which the offender is convicted. 4. I accept Ms Mendes' submissions that the Form 1 matter will not result in any further punishment needing to be inflicted on Mr Egan.