R v Balla [2021] NSWCCA 325

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Balla [2021] NSWCCA 325 Hearing dates: 8 December 2021 Decision date: 23 December 2021 Before: Simpson AJA at [1]; Rothman J at [2]; Button J at [7] Decision: Appeal dismissed Catchwords: CRIME – CROWN APPEAL – alleged errors of fact – alleged mistake as to momentary inattention – alleged error in finding accident as distinct from deliberate running of red light – moral culpability – manifest inadequacy – no error of fact disclosed – no error of conclusion – sentence within range and within judge's discretion given subjective circumstances and otherwise good character – appeal dismissed. Legislation Cited: Crimes Act 1900 (NSW) s 52A(1)(c) Cases Cited: House v The King (1936) 55 CLR 499; [1936] HCA 40 R v Khatter [2000] NSWCCA 32 Category: Principal judgment Parties: Regina (Appellant) Tommy Balla (Respondent) Representation: Counsel: G Newton (Appellant) R Khalilizadeh (Respondent)

Solicitors: Solicitor for Public Prosecutions (Appellant) Streeton Lawyers (Respondent) File Number(s): 2020/181856 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Citation: [2021] NSWDC 487 Date of Decision: 5 July 2021 Before: Hanley SC DCJ File Number(s): 2020/181856