R v Gagliano [2020] NSWDC 359

District Court New South Wales

Medium Neutral Citation: R v Gagliano [2020] NSWDC 359 Hearing dates: 3 June 2020 Decision date: 09 July 2020 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Term of imprisonment to be served by way of Intensive Correction Order with conditions. For orders see [107] Catchwords: Dangerous driving causing death Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Road Transport Act 2013 Cases Cited: Karout v R [2019] NSWCCA 253 Parente v R [2017] 96 NSWLR 633; [2017] NSWCCA 284 R v Davies [2000] NSWCCA 84 R v MacIntyre (1988) 38 A Crim R 135 at 139 R v Manok [2017] NSWCCA 232 R v Pullen [2018] NSWCCA 264 R v Whyte [2002] NSWCCA 343 Sahyoun v R [2020] NSWCCA 87 Thai v R [2009] NSWCCA 314 Whelan v R [2012] NSWCCA 147 Category: Sentence Parties: Director of Public Prosecutions (Crown) Antonino Gagliano (Offender) Representation: Counsel: J O'Sullivan (Offender)

Solicitors: K Owens (Crown) File Number(s): 19/111216 Publication restriction: Nil

remarks on sentence 1. The offender is to be sentenced in respect of one offence of dangerous driving occasioning death, drive manner dangerous, pursuant to s 52A(1)(c) of the Crimes Act 1900. The offence occurred on 1 April 2019 in circumstances described below. 2. The maximum penalty for the offence is 10 years imprisonment and there is no Standard Non-Parole Period proscribed. 3. The offender pleaded guilty and was committed for sentence from the Burwood Local Court on 18 December 2019. The sentence hearing took place on 3 June 2020.