NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Marshall [2024] NSWDC 73 Hearing dates: 17 October 2023, 30 November 2023, 14 December 2023, 29 January 2024, 22, 29 February 2024 Date of orders: 01 March 2024 Decision date: 01 March 2024 Jurisdiction: Criminal Before: J Smith SC DCJ Decision: See [80] Catchwords: CRIME – driving offences – dangerous driving occasioning death – failure to stop and assist after vehicle impact causing death – where two young people died – strong subjective factors – accepted into Balund-a Program but denied opportunity to attend by Police action – special circumstances – totality – moral culpability – remorse – need for rehabilitation – disqualification period Legislation Cited: Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Road Transport Act 2013 (NSW) Cases Cited: Byrne v R [2021] NSWCCA 185 Cahill v R [2021] NSWCCCA 185 Moananu v R [2022] NSWCCA 85 Texts Cited: NA Category: Sentence Parties: Director of Public Prosecutions (Crown) Mark Marshall (Offender) Representation: Counsel: Mr Beaufils (Crown) Mr Lowe (Crown on 30 November 2023, 14 December 2023) Mr Fox (Crown on 17 October 2023) Mr Broadbent (Offender)
Solicitors: Mr Cramer (Crown) Mr Wright (Offender) File Number(s): 2022/00140854 Publication restriction: NA
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