Wells v R [2017] NSWCCA 242

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Wells v R [2017] NSWCCA 242 Hearing dates: 9 August 2017 Decision date: 13 October 2017 Before: Gleeson JA at [1] Harrison J at [2] Button J at [3] Decision: (1) Leave to appeal against conviction granted to the extent necessary. (2) Appeal against conviction dismissed. (3) Leave to appeal against sentence granted. (4) Appeal against sentence dismissed. Catchwords: CRIMINAL LAW – conviction appeal – negligent driving occasioning death – not giving way when making U-turn – where emergency vehicle – whether convictions are unreasonable and not supported by the evidence – whether trial judge erred in construction – s 42 Road Transport (Safety and Traffic Management) Act 1999 (NSW) (repealed) – rr 78 and 79 of the Road Rules 2008 (NSW) (repealed) – whether denial of procedural fairness in trial judge making findings diverging from agreed facts – appeal dismissed

SENTENCE – appeal – whether sentencing judge failed to take into account a relevant consideration – whether ICO manifestly excessive – appeal dismissed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 5(1); 21A(3)(i) Criminal Appeal Act 1912 (NSW), ss 5(1)(c); 5AA; 5AD; 6 Criminal Procedure Act 1986 (NSW), s 166 Road Rules 2008 (NSW) (repealed), rr 38; 78; 79; 306 Road Transport (Safety and Traffic Management) Act 1999 (NSW) (repealed), s 42 Rural Fires Act 1997 (NSW) State Emergency and Rescue Management Act 1989 (NSW), s 4 Cases Cited: Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29 House v The King (1936) 55 CLR 499; [1936] HCA 40 R v Moffatt [2000] NSWCCA 174 R v Pogson (2012) 82 NSWLR 60 R v Wells [2016] NSWDC 169 R v Wells (No 2) [2016] NSWDC 313 Royall v R (1991) 172 CLR 378; [1991] HCA 27 Category: Principal judgment Parties: Ian Jeffrey Wells (Applicant) Regina (Respondent) Representation: Counsel: G Craddock SC / M Higgins (Applicant) M Cinque SC (Respondent)