R v Jojkic, Dragan [2010] NSWDC 155

New South Wales District Court

CITATION: R v Jojkic, Dragan [2010] NSWDC 155 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 20/11/2009 and 19/02/2010

JUDGMENT DATE: 26 March 2010

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

MANSLAUGHTER: Sentence to a non-parole period of 4 years and 9 months. Balance of term of 3 years and 6 months. Disqualified for 8 years to date from the 26th March 2010. DECISION: AGGRAVATED DANGEROUS DRIVING: Sentence to a non-parole period of 3 years. Balance of term of 1 year and 6 months. Disqualified for 8 years to date from the 26th March 2010. Sentences partly cumulative to each other. Overall sentence 9years 6 months with non parole period of 6 years.

CATCHWORDS: Criminal Law - Sentencing - Manslaughter (gross criminal negligence) - Aggravated Driving occasioning grievous bodily harm - High performance vehicle - suspended driver - impact speed 120kph - speed limit 60 kph - vehicle negotiating curve loses tyre traction as result of excessive speed - main road - vehicle crosses median strip into path of on-coming vehicle - impact caused death to driver, GBH to passenger of on-coming vehicle - blood/alcohol reading 0.117 - prohibited drugs also present in blood - 17 or so persons put at actual risk - subjective circumstances reviewed - offender seriously injured in collision - custodial health care of offender criticised - prior speeding and PCA offending - 25% discount for plea and remorse - limit of contents of victim impact statement - responsibility of prosecution to tender v.i.s. - implies responsibility of prosecution to assist victims prepare v.i.s. in admissible form