Geagea v R [2020] NSWCCA 350

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Geagea v R [2020] NSWCCA 350 Hearing dates: 20 November 2020 Date of orders: 21 December 2020 Decision date: 21 December 2020 Before: Hoeben CJ at CL; Davies J; Fagan J Decision: (1) Time for filing the application for leave to appeal is extended so far as necessary to enable the application to proceed. (2) Leave to appeal is granted. (3) The appeal is upheld. (4) The aggregate sentence imposed by Colefax DCJ on 21 June 2019 is quashed. (5) In lieu thereof the applicant is sentenced to an aggregate sentence of 3 years and 10 months commencing on 19 June 2019 and expiring on 18 April 2023 with a non-parole period of 2 years and 6 months expiring on 18 December 2021. The applicant will be eligible for parole from 19 December 2021. Catchwords: CRIMINAL LAW – appeal against sentence – dangerous driving occasioning death – fail to stop after vehicle impact causing death – whether sentencing judge erred in assessment of objective seriousness of failing to stop and assist – whether sentencing judge failed to accept applicant's remorse – leave to appeal granted – appeal upheld and applicant resentenced Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Delaney v R [2013] NSWCCA 150 Hoskins v R [2020] NSWCCA 18 Khoury v R [2011] NSWCCA 118 R v Georgopolous [2010] NSWCCA 246 R v Pearce [2020] NSWCCA 61 R v Pullen [2018] NSWCCA 264 R v Jurisic (1998) 45 NSWLR 209 R v Whyte (2002) 55 NSWLR 252; [2002] NSWCCA 343 R v Wilkinson (No. 5) [2009] NSWSC 432 Sarikaya v The Queen [2015] VSCA 236 Category: Principal judgment Parties: Georges Geagea (applicant) Regina (respondent) Representation: Counsel: T Game SC with I McLachlan (applicant) H Roberts (respondent)