R v Wells [2022] NSWDC 748

District Court New South Wales

Medium Neutral Citation: R v Wells [2022] NSWDC 748 Hearing dates: 24 June 2022 Decision date: 15 July 2022 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted on each count. 004 Special circumstances found – longer period of supervised parole required to assist the offender to rehabilitate and reintegrate into the community Sentenced to a total term of imprisonment for 5 years and 6 months with a NPP of 3 years and 6 months to commence on 15 July 2022 and to expire on 14 January 2026, upon which date he will be eligible for release to parole, and a balance of term of 2 years to commence on 15 January 2026 and to expire on 14 January 2028. Disq: 3 years to commence 18 October 2020 , concurrent with disq imposed in re SEQ 003 - s206B of the Road Transport Act 2013 applies 003 Sentenced to a term of imprisonment of 9 months to commence on 15 July 2022 and to expire on 14 April 2023. Disq: 1 year – concurrent with earlier sentence - s206B of the Road Transport Act 2013 applies Sentences to be served concurrently. Catchwords: CRIMINAL – sentence - dangerous driving, manner dangerous, occasioning death in circumstances of aggravation, exceeding speed limit by more than 45 kilometres per hour - cause bodily harm by wanton driving – road & traffic conditions - engineering, crash investigation expert reports – guiding principles in sentencing for dangerous driving offences per Whyte compared – aggravating features – high moral culpability, abandonment of responsibility "to a gross degree in the endeavour to show off his vehicle" – specific & general deterrence - "fierce", "eloquent" victim Impact statements - subjective matters Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Road Transport Act 2013 Cases Cited: R v McKeown [2013] NSWDC 22 R v Whyte (2002) 55 NSWLR 252 Category: Sentence Parties: Regina Wells. Michael James Representation: Counsel: Mr A O'Connor ODPP