EWART, Warren James v R [2009] NSWDC 403

New South Wales District Court

CITATION: EWART, Warren James v R [2009] NSWDC 403

JUDGMENT DATE: 18 November 2009

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: I adjourn the proceedings pursuant to s 32(2) of the Mental Health (Forensic Provisions) Act 1990.

CATCHWORDS: CRIMINAL LAW - sentence appeal - driving whilst disqualified - significant relevant prior record - pre-sentence report noting unsuitable for Community Service Order or Periodic Detention Order - psychiatric report diagnosing major depressive disorder - application pursuant to s 32 Mental Health (Forensic Provisions) Act 1990 - diversion from criminal justice system to mental health system - purposes of sentencing

Crimes (Sentencing Procedure) Act 1999 s 3A LEGISLATION CITED: Mental Health (Forensic Provisions) Act 1990 s 32 Road Transport (Driver Licensing) Act 1998 s 25A(1)(a)

CASES CITED: DPP v El Mawas (2006) 66 NSWLR 93

PARTIES: Regina Warren James Ewart

FILE NUMBER(S): 2009/47494; 2009/155247

SOLICITORS: Mr Lee (NSW Office of the Director of Public Prosecutions) Ms Cashman

JUDGMENT

1. Warren James Ewart was sentenced by a magistrate of the Local Court at Bankstown to imprisonment. This sentence occurred on 22 September 2009. In fact he received three prison sentences because he was convicted of three offences. He has appealed to the District Court against those sentences.

2. The offences he committed which caused the magistrate to send him to prison were three offences of the same kind; each was driving a car whilst disqualified. Each of those is made into an offence by the Road Transport (Driver Licensing) Act 1998 s 25A(1)(a). They carry a maximum of eighteen months imprisonment or two years imprisonment, depending I expect on whether or not it is a first offence.