DPP v Rebic [2009] NSWDC 302

New South Wales District Court

CITATION: DPP v Rebic [2009] NSWDC 302

HEARING DATE(S): 12 September 2008 JUDGMENT OF: Conlon SC DCJ

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

CASES CITED: R v Whyte [2002] 55 NSWLR 252 R v Errington [2005] 157 ACrimR 553

PARTIES: DPP Zarko Rebic

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JUDGMENT

1 HIS HONOUR: This is an appeal against the severity of the penalty imposed by the magistrate in the Wollongong Local Court on 30 July 2008. The magistrate, following a conviction for an offence of drive manner dangerous occasioning grievous bodily harm, imposed a sentence of twelve months imprisonment with a non parole period of six months. The appellant appealed immediately and as I understand it was granted bail.

2 The facts are as follows. On 9 January 2008, the appellant drove his Holden Commodore sedan from an address in Brownsville towards Wollongong. In the front passenger seat was Nemanja Lalusic. In the rear passenger side was a Ms Ashley Grant and on the rear driver's side was a Ms Kiana Smithers. At about 12.10am, the appellant was driving north along the F6 freeway. Along that section the speed limit was 100 kilometres per hour. Approximately 200 metres north of the Nolan Street bridge at Berkley, the appellant lost control of his vehicle. It careered sideways with the passenger side leading for about 80 metres. It then impacted heavily with a large shrubbed embankment which divided the north and southbound lanes of the freeway. It has then rotated in a clockwise direction so that the vehicle was travelling backwards. At this time the front portion of the vehicle has impacted with the edge of the bitumen and as a result the front driver's side wheel assembly has been partially torn from the vehicle. It continued on a further twenty metres into shrubbery and the rear section of the car collided with a tree. It then rotated clockwise before colliding with another tree and then continued back onto the roadway before coming to rest facing west, half in the breakdown lane and half in lane 2.