Director of Public Prosecutions v Abdulrahman [2021] NSWCCA 114

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Director of Public Prosecutions v Abdulrahman [2021] NSWCCA 114 Hearing dates: 17 May 2021 Date of orders: 11 June 2021 Decision date: 11 June 2021 Before: Garling J at [1] Beech-Jones J at [3] N Adams J at [66] Decision: (1) Appeal allowed; (2) Set aside the sentence imposed by Williams SC DCJ on 25 September 2020 but not the orders disqualifying the respondent from driving; (3) In place thereof: (a) impose an aggregate sentence of 10 years and 2 months imprisonment to commence on 6 October 2019 and expire on 5 December 2029; (b) pursuant to s 44(2A) of the Crimes (Sentencing Procedure) Act 1999 set a non-parole period of 6 years and 8 months; (c) specify that the earliest date the respondent will be eligible to be released on parole is 5 June 2026; (d) pursuant to s 53A(2)(b) of the Crimes (Sentencing Procedure) Act 1999, record that an aggregate sentence is imposed and indicate to the respondent that the sentences that would have been imposed for each offence under separate sentences instead of an aggregate sentence are as follows: Manslaughter – 10 years and 1 month imprisonment Drive while disqualified - 3 months imprisonment. Catchwords: SENTENCING – Crown appeal – manslaughter – offender on ICO for dangerous driving – consumes ice – drives through pedestrian crossing killing child – sentencing judge failed to address specific deterrence and community protection – sentence of 6 years and 10 months with non‑parole period of 4 years and 6 months manifestly inadequate – offender re‑sentenced Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Criminal Procedure Act 1986 (NSW) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 40 CMB v Attorney General for the State of NSW (2015) 256 CLR 346; [2015] HCA 9 DPP v Burton [2020] NSWCCA 54 Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45 House v The King (1936) 55 CLR 499; [1936] HCA 40 Manojlovic v R; R v Manojlovic [2020] NSWCCA 315 R (Cth) v Nguyen; R (Cth) v Nguyen [2010] NSWCCA 331 R v Abdulrahman [2020] NSWDC 731 R v Blake Davis [2021] NSWSC 235 R v Dong [2021] NSWCCA 82 R v Jurisic (1998) 45 NSWLR 209 R v Whyte [2002] (2002) 55 NSWLR 252; NSWCCA 343 R v Winter [2012] NSWCCA 218; (2012) 225 A Crim R 572 Smith v R [2020] NSWCCA 181 Spark v R [2012] NSWCCA 140 Veen v The Queen (No 2) (1998) 164 CLR 465; [1998] HCA 14 Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64 Category: Principal judgment Parties: Director of Public Prosecutions (Crown) Rabih Abdulrahman (Respondent) Representation: Counsel: K Jeffreys (Crown) S Odgers SC (Respondent)