R v West [2019] NSWDC 967

District Court New South Wales

Medium Neutral Citation: R v West [2019] NSWDC 967 Hearing dates: Friday 24 May 2019 Date of orders: Monday 27 May 2019 Decision date: 27 May 2019 Jurisdiction: Criminal Before: Tupman DCJ Decision: (1) The offender is convicted in relation to each offence. (2) Sequences 4, 5 and 6: Sentenced to an aggregate sentence pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 of 5 years with an aggregate non-parole period of 3 years, with parole thereafter of 2 years. (3) Sequence 7: Sentenced to a fixed term of imprisonment of 9 months. (4) RE: 166 certificate offences (sequences 1, 2, 3, 8, 9 and 10): Back up offences are withdrawn and dismissed. (5) Offender is disqualified from holding or obtaining a licence in New South Wales for a period of 3 years to commence on the date she is released on parole. Catchwords: CRIME — Driving offences — Dangerous driving occasioning grievous bodily harm — Circumstances of aggravation— Intoxication — Causing bodily harm by misconduct — Offender drove vehicle whilst under the influence of methylamphetamine and delta-9-THC ACID — Offenders ability to drive was substantially impaired — Offender was 39 at the time — offences committed whilst returning from a Local Court appearance on prior driving matter — Offender drove on wrong side of road and caused collision involving two other vehicles — Four victims — Three victims sustained very serious injuries — One victim sustained life-threatening injuries — Some victims have ongoing physical complications as result of accident — Youngest victim was 13 years old — Offender voluntarily told police she had taken drugs prior to the incident — Offender has criminal record involving traffic offences commencing in 2003 — Offender has significant history of mental illness — Offender has history of drug use — Offender expressed genuine remorse and contrition — Prospects of rehabilitation reasonable but dependant on her remaining free of drug use. Legislation Cited: Crimes Act 1900 (NSW): ss 52A(4), 53; Crimes (Sentencing Procedure) Act 1999 (NSW): ss 21A, 53A. Cases Cited: R v Kopack [2005] NSWCCA 83. R v Thomson; R v Houlton (2000) 49 NSWLR 383 R v Whyte (2002) 55 NSWLR 252, R v Kaliti [2001] NSWCCA 268. Category: Sentence Parties: Regina (The Crown) Katrina West (The Offender) Representation: Unknown File Number(s): 2017/00384010