NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Simpson [2024] NSWDC 619 Hearing dates: 28 October 2024 Date of orders: 28 October 2024 Decision date: 28 October 2024 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate sentence of imprisonment of 3 years 9 months with a non-parole period of 2 years and 1 month Catchwords: CRIME — Driving offences CRIMINAL PROCEDURE — Back up and related offences SENTENCING — Aggravating factors — Breach of conditional liberty — Breach of Intensive Correction Orders — Record of previous convictions SENTENCING — Guidelines for sentencing — Role of guidelines SENTENCING — Mitigating factors — Plea of guilty SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Deterrence — Moral culpability — Multiple offences — Objective seriousness — Purposes of sentencing SENTENCING — Sentencing procedure — Instinctive synthesis SENTENCING — Subjective considerations on sentence — Assaulted in gaol — Drug addiction —Impact of gaoling parents — Mental health issues and disorders — Exposure to domestic violence and drug abuse during childhood — Youth and immaturity Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Procedure Act 1986 (NSW) Road Rules 2014 (NSW) Road Transport Act 2013 (NSW) Cases Cited: Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571 Clarke-Jeffries v R [2019] NSWCCA 56 DS v R; DM v R [2022] NSWCCA 156 Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 Munda v State of Western Australia [2013] HCA 38; (2013) 249 CLR 600 Paterson v R [2021] NSWCCA 273 R v MJ [2023] NSWCCA 306 Tepania v R [2018] NSWCCA 247 Whyte v R [2002] NSWCCA 343; (2002) 55 NSWLR 252 Yun v R [2017] NSWCCA 317 Texts Cited: D Ritchie, "Does Imprisonment Deter? A Review of the Evidence" (April 2011) Sentencing Advisory Council Victoria 1 The Bugmy Bar Book Project (2023) Category: Sentence Parties: Joshua Simpson (the offender) Public Prosecutions (NSW) (Crown) Representation: Counsel: R McMahon (for the offender)
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