R v Smith [2010] NSWDC 202

New South Wales District Court

CITATION: R v Smith [2010] NSWDC 202

JUDGMENT DATE: 6 August 2010

JURISDICTION: Crime

JUDGMENT OF: Norrish QC DCJ

S.166 certificate offence - convicted, sentenced to 9 months and 1 week imprisonment to commence on 03/12/09 and will expire 09/06/10. Drive in a manner dangerous causing grievous bodily harm – convicted, sentenced to 3 years and 1 month imprisonment to commence on 03/01/10 and will expire on 02/02/13. DECISION: Principal offence, drive in a manner dangerous, cause death, taking into account matters on a Form 1, - convicted, sentenced to a term of imprisonment by way of non-parole period of 2 years and 2 months to commence on 3 February 2011 and expire on 2 April 2013. The balance of sentence of 2 years and 5 months to expire on 2 September 2015. Pursuant to s.77B Victim's Support and Rehabilitation Act 1996 the prisoner is to pay the amount of $18,500 to M. Ahmad.

CATCHWORDS: CRIME - Sentence - driving in a manner dangerous to the public occasioning death - driving in a manner dangerous to the public causing grevous bodily harm

Crimes Act 1900 LEGISLATION CITED: Road Transport (Driver Licensing) Act 1998 Crimes (Sentencing Procedure) Act 1999

R v Whyte (2002) 55 NSWLR 525 Regina v Skrill [2002] NSWCCA 484 R v Jurisic (1998) 48 NSWLR 209 R v Henry (1999) 46 NSWLR 346 CASES CITED: R v Rosenthal [2008] NSWCCA 149 Pearce v The Queen (1998) 194 CLR 610 Veen (No 2) v The Queen (1988) 164 CLR 365 Thomson and Houlton [2000] NSWCCA 309 (49 NSWLR 383) R v Read [2010] NSWCCA 78 R v Janceski [2005] NSWCCA 281