Police v Curkovic [2008] NSWLC 1

Local Court of New South Wales

CITATION: Police v Curkovic [2008] NSWLC 1

JURISDICTION: Criminal

PARTIES: Police Curkovic

FILE NUMBER:

PLACE OF HEARING: Downing Centre

DATE OF DECISION: 01/16/2008

MAGISTRATE: Chief Magistrate G L Henson

CATCHWORDS: Negligent driving occasioning death - plea of guilty - good character

Road Transport (Safety and Traffic Management) Act 1999 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Road Transport (General) Act 2005

Siganto –v- The Queen (1998) 194 CLR R –v- Thomson & Houlten (2000) 49 NSWLR 383 Veen –v- The Queen (No.2) (1988) 164 CLR 465 R –v- King (2004) 150 A Crim R 409 Markarian –v- The Queen (2005) 79 ALJR 1048 CASES CITED: R –v- Jurisic (1998) 45 NSWLR 209 R –v- Whyte (2002) 55 NSWLR 252 R –v- Way (2004) 60 NSWLR 168 ATG DPP –v- Cooke [2007] NSWCA 2 R –v- Zamagias [2002] NSWCCA17 R –v- Pyritz (1998) 29 MVR 90 R –v- Foster (2001) 33 MVR 565

TEXTS CITED:

REPRESENTATION:

ORDERS:

The Facts 1. On 17th July 2007 the offender was driving a large lorry towards the intersection of Botany Road and McEvoy Street Waterloo. Traffic control lights manage the passage of motor vehicles and pedestrians through and across this intersection.

2. Shortly before midday the victims, 3-year-old Jessica De Andrade and her Mother Somsri Phongsuphawech alighted from a bus that stopped on the eastern side of Botany Road some 40 metres from the intersection with McEvoy Street. At the intersection the pedestrian crossing walk lights turned to green. At the same time the traffic lights controlling the movement of traffic in McEvoy Street turned to green. At the time the offender had stopped in McEvoy Street intending to make a left hand turn into Botany Road.