R v Bell [2022] NSWDC 685

District Court New South Wales

Medium Neutral Citation: R v Bell [2022] NSWDC 685 Hearing dates: 26/8/22, 9/9/22, 18/11/22, 28/11/22, 2/12/22, 9/12/22 Date of orders: 9/12/22 Decision date: 09 December 2022 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: 1. An aggregate term of imprisonment is imposed. 2. The indicative sentences are as follows: a. Seq 2 (incl. Form 1 offences [Seqs 3 & 13]): After a 25% discount, the indicative sentence is 2 years and 7 months' imprisonment. b. Seq 11: After a 25% discount, the indicative sentence is 2 years and 6 months' imprisonment. c. Seq 1: After a 25% discount, the indicative sentence is 6 months' imprisonment. 3. The aggregate head sentence imposed is 3 years and 10 months' imprisonment. 4. There is a finding of special circumstances. 5. The non-parole period imposed is 2 years and 7 months' imprisonment. 6. The head sentence and non-parole period are to date from 29 December 2021. 7. The head sentence will expire on 28 October 2025. 8. The non-parole period will expire on 28 July 2024. 9. In relation to each of the pursuit offences, there is a disqualification period of 3 years in each case. 10. In relation to Seq 1, there is a disqualification period of 8 months Catchwords: Crime – Sentence – Police pursuit – Drive manner dangerous Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Josefski v R [2010] NSWCCA 41 Swan v R [2016] NSWCCA 79 Bugmy v The Queen [2013] HCA 37 Nasrallah v R [2021] NSWCCA 169 Lloyd v R [2022] NSWCCA 18 Category: Sentence Parties: NSW DPP – Crown Andrew Leigh Bell - Offender Representation: Ms E Winborne for Crown Ms J Ghabrial for Offender File Number(s): 21/39791