R v Pullen [2018] NSWCCA 264

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Pullen [2018] NSWCCA 264 Hearing dates: 29 October 2018 Date of orders: 23 November 2018 Decision date: 23 November 2018 Before: Johnson J at [1] Harrison J at [2] Schmidt J at [99] Decision: (1) Appeal allowed. (2) Quash the sentence imposed by her Honour Bright DCJ on 24 August 2018. (3) In lieu thereof, sentence Dominic Ashley Pullen to an aggregate period of imprisonment of 3 years to be served by way of an Intensive Correction Order commencing on 24 August 2018 and expiring on 23 August 2021. (4) The Intensive Correction Order is subject to the following conditions: (a) The offender must not commit any offence. (b) The offender must submit to supervision by a community corrections officer. (c) The offender must perform 650 hours of community service work. (d) The offender is to participate in a rehabilitation program or to receive treatment. (e) The offender is to abstain from consuming alcohol and drugs. (f) The offender is to complete the Sober Driver Program if he is assessed as suitable by his supervisor. (5) Mr Pullen is disqualified from driving for a period of 2 years commencing on 24 August 2018. Catchwords: CRIMINAL LAW – appeal – Crown appeal against inadequacy of sentence – dangerous driving occasioning grievous bodily harm – fail to stop and assist after impact causing grievous bodily harm – whether sentence imposed is manifestly inadequate –whether sentencing judge erred in assessing the objective seriousness of the fail to stop and assist offence as "well below the mid-level" – whether the Court should exercise its residual discretion not to intervene – resentencing – whether the Court should impose an Intensive Correction Order