Criminal law: February 2019

R v Pullen [2018] NSWCCA 264 

Sentencing amendments – Intensive Correction Orders – availability of order

In this, the first appellate decision considering the new sentencing regime which commenced on 24 September 2018, the Court of Criminal Appeal (‘CCA’) has made comments showing how significant the changes to Intensive Correction Order (‘ICO’) really are.

The respondent was charged with dangerous driving occasioning grievous bodily harm, and fail to stop and assist after an impact causing grievous bodily harm. Having consumed cannabis and a significant amount of alcohol, and despite being on a P2 licence requiring him to have no alcohol at all in his system, the respondent drove. Travelling too fast through a road works zone, in the wet and in the dark, the respondent changed gears in a way which caused the wheels to lock up so that the car skidded into a semi-trailer. Following the subsequent heavy collision (which one of the road workers only narrowly avoided by jumping out of the way), his passenger was trapped in the car for over an hour and suffered an array of lacerations and broken bones resulting in surgery, skin grafts and hospitalisation for 15 days. Following the collision, the respondent made more than one attempt to run away. At first instance he was sentenced to an ICO for 15 months – a sentence which was imposed under the sentencing regime which existed before 24 September 2018. The Crown appealed the sentence on the basis that it was manifestly inadequate.