R v Weldon [2024] NSWDC 313

District Court New South Wales

Medium Neutral Citation: R v Weldon [2024] NSWDC 313 Hearing dates: 22 March 2024, 8 April 2024, 22 April 2024, 19 July 2024 Date of orders: 19 July 2024 Decision date: 19 July 2024 Jurisdiction: Criminal Before: ANDERSON SC DCJ Decision: (1) The offender is convicted of each of the two offences before the Court. (2) With respect to the disqualification period for driving, you are disqualified from driving for a period of 18 months for each offence. (3) There being no other appropriate penalty, you are sentenced to an aggregate term of imprisonment for a period of 2 years and 4 months pursuant to s 53A of the Crimes (Sentencing Procedure) Act. (4) Pursuant to s 7(1) of the Crimes (Sentencing Procedure) Act, the sentence imposed upon you is to be served by way of an intensive correction order. The sentence will commence today, 19 July 2024, and end on 18 November 2026. (5) You must attend the Sydney City Community Corrections office within seven days. (6) The standard conditions of this order will apply: (a) You must not commit any offence. (b) You must submit to supervision and guidance of the Community Corrections service for as long as that service deems necessary or desirable but not exceeding the period of the term of this order I have placed upon you. You are to obey all reasonable directions of that service, including any direction or instructions to undertake examination, assessment, therapy, treatment, counselling or urinalysis whilst under its supervision and guidance. (7) The following additional conditions will apply: (a) There is a curfew which will apply between the hours of 9pm and 5am each day for a period of 6 months, commencing today, expiring 18 January 2025. You must be at your home during those hours except on evenings where you are attending Alcoholics Anonymous meetings. (b) You are to perform community service for 200 hours. (c) You are to abstain from alcohol. (d) You are to abstain from any prohibited or restricted drugs or substances except for medication lawfully prescribed to you by a registered medical practitioner. (e) You are to continue your counselling services with Ms Leontios (or an alternative psychologist) for as long as those psychologists deem it necessary and at a frequency determined by them for either the term this order is in place or for as long as they consider necessary. Catchwords: CRIMINAL – sentence – driving occasioning grievous bodily harm – failing to stop and assist in circumstances of causing grievous bodily harm – intensive corrections order Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Cases Cited: R v Whyte (2002) 55 NSWLR 252 Stanley v Director of Public Prosecutions [2023] HCA 3 Category: Principal judgment Parties: Office of The Director of Public Prosecutions (Crown) Dean Weldon (Offender) Representation: Counsel: Mr G Kidd (Crown) Ms T Evers (Offender)