R v Zaiter [2021] NSWDC 277

District Court New South Wales

Medium Neutral Citation: R v Zaiter [2021] NSWDC 277 Hearing dates: 25 May 2021 Date of orders: 11 June 2021 Decision date: 11 June 2021 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: See [58] Catchwords: CRIMINAL LAW ––– Dangerous driving occasioning death – Offender collided with the deceased as her vehicle failed to follow the curve of the road and subsequently sustaining damage to the tyres leading to difficulty in steering the vehicle SENTENCE –– No aggravating factors – Mitigating factors – Discount for early guilty plea – Prior good character – No prior convictions and an average driving record – Remorse established – Low likelihood of re-offending and excellent prospects of rehabilitation – Consideration as to whether it is appropriate for the Offender to serve the term of imprisonment by way of an intensive correction order in the community Legislation Cited: Crimes (Administration of Sentences) Regulation 2014 (NSW), clause 187 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 5, 21A, 66, 69, 73A Crimes Act 1900 (NSW), s 52A Road Transport Act 2018 (NSW), ss 4, 205 Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 Gavin v R [2013] NSWCCA 99 Hedges v R [2011] NSWCCA 263 Mandranis v R [2021] NSWCCA 97 Newman v R [2015] NSWCA 270 R v Manok [2017] NSWCCA 232 R v McIntyre (1988) 38 A Crim R 135 R v Palu (2002) 134 A Crim R 174 R v Thomson; R v Houlton (2009) 49 NSWLR 383 R v Townsend [2010] NSWCCA 336 R v Whyte (2002) 55 NSWLR 252 WHELAN, Health Andrew v R [2012] NSWCCA 147 Category: Sentence Parties: Regina (the Crown) Norma Zaiter (the Offender) Representation: Counsel: Mr C Evans (the Crown) Mr D Roff (the Offender)