R v Thai [2009] NSWDC 57

New South Wales District Court

CITATION: R v Thai [2009] NSWDC 57 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 11/02/09 and 03/04/09

JUDGMENT DATE: 3 April 2009

JURISDICTION: Criminal

JUDGMENT OF: Murrell SC DCJ

CATCHWORDS: CRIMINAL LAW - particular offences - offences against the person - driving offences - culpable or dangerous driving causing death or bodily harm - test of liability - relevance of deceased's manner of driving - CRIMINAL LAW - particular offences - offences against the person - driving offences - sentence - culpable or dangerous driving causing bodily harm - New South Wales - periodic detention

LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing and Procedure) Act 1999

R v Jurisic (1998) 45 NSWLR 209 CASES CITED: R v Khatter [2000] NSWCCA 32 R v Samadi [2006] NSWCCA 308 R v Whyte [2002] NSWCCA 343

PARTIES: Regina Thanh Vinh THAI

FILE NUMBER(S): 2008/00000676

COUNSEL: Mr R Cooley for the Crown Mr E Ozen for the Defendant

1 On the trial date, the offender pleaded guilty to the offence that, on 25 September 2006 at Smithfield, he drove in a manner dangerous and thereby caused the death of another person contrary to s 52A (1)(c) of the Crimes Act 1900.

2 The maximum available penalty is ten tears imprisonment.

The Accident

3 The offender drove south along the Cumberland Highway, Smithfield, within the speed limit of 60 km per hour. Where the Cumberland Highway intersects with Brennan Street, he drove through a red light without slowing. His vehicle collided with the deceased's vehicle, causing the death of the deceased. In the course of the accident, the offender injured his head. He has no clear recollection of the accident.