Wayne Geoffrey Joseph Hughes v Regina [2007] NSWDC 145

New South Wales District Court

CITATION: Wayne Geoffrey Joseph Hughes v Regina [2007] NSWDC 145

HEARING DATE(S): 4th June 2007

JUDGMENT DATE: 4 June 2007

EX TEMPORE JUDGMENT DATE : 18 November 2007

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Stood over for sentencing 6/6/08 at Court to be advised.; S 11 bail with conditions pursuant to s. 11Crimes (SP) Act for 12 months. Conditions include attending Court on three occasions with progress reports.

CATCHWORDS: Criminal Law - Severity Appeal from Local Court - Hight Range PCA offence - 6 months imprisonment - recidivist drink driving offender - unresolved history of sexual abuse - hard worker - s.11 Crimes (Sentencing Procedure) Act bail to demonstrate capacity to rehabilitate granted for 12month period.

LEGISLATION CITED: s. 11 Crimes (Sentencing Procedure) Act 1999

PARTIES: Wayne Geoffrey Joseph Hughes Regina

FILE NUMBER(S): 07/32/0217

Crown: M/s K. Malley - Office of Director of Pubul Prosecutions - Newcastle SOLICITORS: Appellant: Mr R Donne

JUDGMENT

1 HIS HONOUR: Wayne Geoffrey Hughes had consumed ten stubbies of VB beer taken between 4pm and 7.30pm. He had walked home from where the Holden Rodeo he was driving was parked. He had tools in that vehicle. At home he drank some scotch. He became concerned about the tradesman tools he had stored in the truck. He decided to leave home and drive the Rodeo to his home, a journey he says of about a kilometre.

2 Police were conducting a mobile road breathalyser test on 18 November, last year in the Wingham area. As part of the operation Drink Drive 2, the appellant was pulled over. He was unsteady on his feet, police noticed, when he emerged from his vehicle. He knew immediately that he was "gone", he was "over the limit" and that he had consumed "heaps".