Wraydeh v R [2020] NSWCCA 309

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Wraydeh v R [2020] NSWCCA 309 Hearing dates: 4 September 2020 Decision date: 27 November 2020 Before: Hoeben CJ at CL at [1] Button J at [2] N Adams J at [68] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – appeals – appeal against sentence – offences of dangerous driving occasioning death and failing to stop and assist – whether overall sentence was manifestly excessive – limited finding about objective gravity for dangerous driving offence – poor subjective case – very adverse criminal record – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), ss 52A, 52AB Cases Cited: R v Whyte (2002) 55 NSWLR 252 Category: Principal judgment Parties: Hassan Wraydeh Representation: Counsel: N Carroll (Applicant) G Newton (Respondent)

Solicitors: George Sten & Co (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2018/203172 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 23 August 2019 Before: Latham SC ADCJ File Number(s): 2018/203172

Judgment 1. HOEBEN CJ at CL: I agree with Button J and the orders which he proposes. 2. BUTTON J:

Introduction 1. On 23 August 2019, Mr Hassan Wraydeh (the applicant) was sentenced for two substantive offences by her Honour Acting Judge Latham SC in the District Court sitting at Sydney. The applicant seeks leave to appeal against the severity of the overall sentence imposed on that day. 2. The applicant had pleaded guilty to one offence of dangerous driving occasioning death, contrary to s 52A of the Crimes Act 1900 (NSW) (the Act), and failing to stop and assist after a vehicle impact causing death, contrary to s 52AB of the Act. The maximum penalty for each offence is a term of imprisonment of 10 years, and neither offence bears a standard non-parole period. 3. The applicant was sentenced as follows. In relation to the failure to stop offence, the applicant was sentenced to a fixed term of imprisonment of 2 years 3 months, to commence on 3 December 2018 and to expire on 2 March 2021. As for the fatal driving offence, a head sentence of 5 years 3 months, to commence on 3 September 2020 and to expire on 2 December 2025, with a non-parole period of 3 years 6 months, was imposed. The earliest date upon which the applicant is eligible for release on parole is 2 March 2024. 4. The effective overall sentence imposed was therefore a head sentence of imprisonment for 7 years, with a non-parole period of 5 years 3 months. 5. There was partial accumulation of sentence for the fatal driving offence upon the sentence for the failure to stop offence by 1 year 9 months. 6. A diagram attached to this judgment sets out all of the above aspects of the sentence structure in readily comprehensible form. 7. The applicant was also disqualified from obtaining a driver's licence for six years, to date from 11 September 2025.