R v John Warren Westaway [2015] NSWDC 97

District Court New South Wales

Medium Neutral Citation: R v John Warren Westaway [2015] NSWDC 97 Hearing dates: 16 June 2015 Date of orders: 19 June 2015 Decision date: 19 June 2015 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: For Orders see [57] Catchwords: Sentencing – police pursuit, resist arrest, supply prohibited drug, damage property; aggregate sentences Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: Mill v The Queen (1988) 166 CLR 59 Pearce v R (1988) 194 CLR 610 R v Rae [2013] NSWCCA 9 Veen v R (No. 2) (1998) 164 CLR 465 Category: Sentence Parties: Director of Public Prosecutions (Crown) John Warren Westaway (Offender) Representation: Counsel: K Stanley (Crown Prosecutor) P Winch (Offender) File Number(s): 14/344454 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender has entered pleas of guilty to the following four offences: 1. Police pursuit – not stop – drive recklessly pursuant to s 51B(1) of the Crimes Act 1900. The maximum penalties are 3 years imprisonment, automatic disqualification of 5 years and a minimum disqualification of 2 years. 2. Resist officer pursuant to s 58 of the Crimes Act 1900. The maximum penalty is 5 years imprisonment. 3. Supply prohibited drug (methylamphetamine) pursuant s 25(1) of the Drug Misuse and Trafficking Act 1985. The maximum penalty is 15 years imprisonment and/or a fine of $220,000. 4. Intentionally/recklessly damage property pursuant to s 195(1)(a) of the Crimes Act 1900. The maximum penalty is 5 years imprisonment. 1. The offences occurred on 21 November 2014 at a time when the offender was on conditional liberty. He had been charged with an offence of drive whilst disqualified and failed to attend at the Yass Local Court on 4 July 2014 when a warrant was issued for his arrest. 2. He was subsequently sentenced in the Queanbeyan Local Court on 18 December 2014 in respect of that offence and received a sentence of imprisonment with a non-parole period of 5 months, terminating on 19 April 2015. 3. The offender has been in custody since his arrest on 21 November 2014 and it is the Crown submission that any sentence he serve in respect of the subject matters commence on 19 April 2015. 4. The Crown also seeks a forfeiture order in respect of the sum of $1,050.