R v Singh [2021] NSWDC 759

District Court New South Wales

Medium Neutral Citation: R v Singh [2021] NSWDC 759 Hearing dates: 25 November 2021 Date of orders: 25 November 2021 Decision date: 25 November 2021 Jurisdiction: Criminal Before: Bright DCJ Decision: Term of imprisonment of 2 years and 7 months with a non-parole period of 1 year and 4 months. Catchwords: CRIME — Driving offences — Aggravated dangerous driving occasioning grievous bodily harm — Circumstances of aggravation – Under the influence of alcohol Legislation Cited: Crime (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Road Transport Act 2013 (NSW) Cases Cited: Abel v The Queen [2020] NSWCCA 82 Attorney-General's Application under s 37, Crime (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 DPP (Cth) v De La Rosa [2010] NSWCCA 194 R v De Simoni [1981] HCA 31 R v Manok [2017] NSWCCA 232 R v Whyte [2002] NSWCCA 343 Category: Sentence Parties: Regina (Crown) Gurpreet Singh (Offender) Representation: Counsel: Stanton (Offender)

Solicitors: Gaynor (ODPP) File Number(s): 2020/00260440

Judgment 1. Gurpreet Singh, 37 years of age, appears before Queanbeyan District Court for sentence in relation to one offence of aggravated dangerous driving (under the influence of alcohol) occasioning grievous bodily harm, an offence pursuant to s 52A(4), Crimes Act. The victim in respect of this offence is Michael Shilling. The maximum prescribed penalty for this offence is 11 years imprisonment. There is no prescribed standard non-parole period. The automatic licence disqualification is three years, and the minimum period is 12 months. 2. When dealing with the offender for that offence, the Court is taking account one further offence on a Form 1 of cause bodily harm by misconduct in charge of a motor vehicle, an offence pursuant to s 53, Crimes Act. The victim in respect of this offence is Ross Shilling. The maximum prescribed penalty for this offence is two years imprisonment. There is no standard non-parole period. 3. The offender pleaded guilty on 1 June 2021 at the Queanbeyan Local Court. Having regard to the timing of the plea, I will allow a discount on sentence of 25%. 4. The offender has spent no time in custody in relation to the offending. Accordingly, the sentence imposed today will date from today's date.