R v Chandler (No. 2) [2017] NSWSC 1758

Supreme Court New South Wales

Medium Neutral Citation: R v Chandler (No. 2) [2017] NSWSC 1758 Hearing dates: 23 November 2017 Date of orders: 14 December 2017 Decision date: 14 December 2017 Before: Johnson J Decision: For the offence of manslaughter, and taking into account the offences on the Form 1, the Offender is sentenced to imprisonment for 19 years commencing on 12 August 2017 and expiring on 11 August 2036 with a non-parole period of 13 years commencing on 12 August 2017 and expiring on 11 August 2030.

The earliest date when the Offender will be eligible for release on parole is 11 August 2030. Catchwords: CRIMINAL LAW – sentence - plea of guilty to manslaughter by unlawful and dangerous act - offender drove stolen vehicle through fence enclosing backyard of residential property to escape police - offender's vehicle struck and killed 18-month old child in backyard - offender then drove dangerously in a park and on public streets in course of police pursuit - Form 1 offences of take and drive vehicle without consent, driving dangerously during a police pursuit and driving never having been licensed to be taken into account on sentence - offender 22 years old at time of offences - bad criminal history including dangerous driving during police pursuit - offender on bail at time of present offences - manslaughter offence of very high level of objective gravity - offender's dysfunctional background - institutionalisation - application of principles in Bugmy v the Queen - issues of accumulation and totality given offender's current sentences for unrelated matters - substantial sentence required with partial accumulation on existing sentences Legislation Cited: Crimes (High Risk Offenders) Act 2006 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Crimes Act 1900 Road Transport Act 2013 Cases Cited: Abbas v R (2013) 231 A Crim R 413; [2013] NSWCCA 115 Attorney General's Application Under Section 37 of the Crimes (Sentencing Procedure) Act 1999 (No. 1 of 2002) (2002) 56 NSWLR 146; [2002] NSWCCA 518 Beldon v R [2012] NSWCCA 194 Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Cameron v R (2005) 157 A Crim R 70; [2005] NSWCCA 359 Jinnette v R [2012] NSWCCA 217 Ohanian v R [2017] NSWCCA 268 R v Borkowski (2009) 195 A Crim R 1; [2009] NSWCCA 102 R v Chandler (No. 1) [2017] NSWSC 1565 R v Falzon [2000] NSWCCA 530 R v Forbes (2005) 160 A Crim R 1; [2005] NSWCCA 377 R v Lulham [2016] NSWCCA 287 R v McNaughton (2006) NSWLR 566; [2006] NSWCCA 242 Spark v R [2012] NSWCCA 140 The Queen v Crabbe (1985) 156 CLR 464; [1985] HCA 22 The Queen v Lavender (2005) 222 CLR 67; [2005] HCA 37 Wilson v The Queen (1991-1992) 174 CLR 313; [1992] HCA 31 ZA v R [2017] NSWCCA 132 Texts Cited: ---- Category: Sentence Parties: Regina (Crown) Christopher Chandler (Offender) Representation: Counsel: Mr M Tedeschi AM QC; Mr A Morris (Crown) Mr PJ McGrath SC (Offender)