R v HAOUI [2007] NSWDC 139

New South Wales District Court

CITATION: R v HAOUI [2007] NSWDC 139

HEARING DATE(S): 30th January 2007 - 7th February 2007 20th April 07

JUDGMENT DATE: 20 April 2007

EX TEMPORE JUDGMENT DATE : 20 April 2007

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: See paragraphs [47], [48] & [49]

CATCHWORDS: Criminal Law - Sentence - Grievous Bodily Harm - Driving at a speed dangerous - Lengthy Delay

LEGISLATION CITED: Crimes Sentencing Procedure Act

CASES CITED: R v Jurisic (1998) 45 NSWLR 209 R v Whyte & Ors (2002) 55 NSWLR 252.

PARTIES: Crown Joseph Robert Haoui

FILE NUMBER(S): 04/11/1278

COUNSEL: Paul Leask (Crown) D Campbell SC (Offender)

SOLICITORS: NSW DPP Slattery Jurd & Co

SENTENCE

1 HIS HONOUR: Joseph Robert Haoui appears for sentence today after having been found guilty of an offence of driving at a speed dangerous to the public whereby grievous bodily harm was occasioned.

2 The offender was driving down Frederick Street in Rockdale. I am satisfied beyond reasonable doubt that he was travelling at at least ninety-one kilometres an hour.

3 The reason I am satisfied that that was at least the speed at which he was travelling is because of evidence adduced by the crown at trial from Sergeant Kelly. He concluded from the objective material available to him, with the aid of various measurements and calculations, that 91 kph was the lowest speed at which the offender was travelling.

4 As he was heading down Frederick Street, a utility driven by Mr Khanafer pulled out of the driveway at number 89. The passenger in the front seat was a man by the name of Kamal Mousselamani.