Jauncey v R [2022] NSWDC 249

District Court New South Wales

Medium Neutral Citation: Jauncey v R [2022] NSWDC 249 Hearing dates: 18 May 2022 Date of orders: 18 May 2022 Decision date: 18 May 2022 Jurisdiction: Criminal Before: Neilson DCJ Decision: See par [30]. Catchwords: CRIMES – APPEALS – SEVERITY OF SENTENCE – DRIVING OFFENCE - Whether Intensive Corrections Order of Magistrate appropriate – Whether Community Corrections Order Appropriate – Whether period of disqualification under mandatory interlock order appropriate. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Road Transport Act 2013 (NSW) Cases Cited: Nil. Texts Cited: Nil. Category: Sentence Parties: Appellant - Samuel Rhys Burford Jauncey R – Crown Representation: Appellant – Mardini, C. of Mardini Defence Lawyers R – Loosley, J. of the Office of the Director of Public Prosecutions File Number(s): 2021/00262061 Publication restriction: Nil. Decision under appeal Court or tribunal: Local Court of NSW Jurisdiction: Criminal Citation: Date of Decision: 5 April 2022 Before: O'Brien LCM File Number(s): 2021/00262061

Judgment 1. HIS HONOUR: This is an appeal against severity of a sentence passed by Magistrate O'Brien sitting in the Local Court at Wollongong on 5 April 2022. The appellant was charged with driving with a high range prescribed concentration of alcohol ("PCA"). The blood alcohol reading was 0.25 or, as the press would have it, five times the legal limit.