REGINA v George TZANIS [2005] NSWCCA 274

New South Wales Court of Criminal Appeal

REGINA v George TZANIS [2005] NSWCCA 274 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 24 June 2005

JUDGMENT DATE: 4 August 2005

JUDGMENT OF: Spigelman CJ at 1; Wood CJ at CL at 33; Hunt AJA at 34; Howie J at 35; Buddin J at 36

DECISION: 1. Appeal allowed; 2. Set aside the sentence for the offence of dangerous driving occasioning death; 3. The Appellant is sentenced to imprisonment for three years and six months commencing on 12 August 2004 and expiring on 11 February 2008 with a non-parole period of two years expiring on 11 August 2006; 4. His Honour's order for disqualification of licence is affirmed

CATCHWORDS: CRIMINAL LAW - Appeal - Sentence - s52A(3)(c) Crimes Act 1900 - Dangerous Driving Occasioning Death - Dangerous Driving Occasioning Grievous Bodily Harm - Aggravating factors - s21A(2)(g) and s21A(2)(m) Crimes (Sentencing Procedure) Act 1999 - Whether trial judge erred in considering harm caused by offences - Whether trial judge erred by considering that there were multiple crimes - CRIMINAL LAW - Sentencing - s52A(1)(c) and s52A(3)(c) Crimes Act 1900 - Dangerous Driving Occasioning Death - Dangerous Driving Occasioning Grievous Bodily Harm - Objective factors - Driving whilst licence suspended - Where intoxicated - Where warned by passenger - Where driving erratically in a narrow compass - High Prospects of rehabilitation - Unlikely to re-offend - Where offender voluntarily returned to Australia with knowledge of likelihood of custodial sentence - Guilty plea

Crimes Act 1900: s52A(1)(c), s52A(3)(c) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999: s3A, s21A(2)(g), s21A(2)(m) Criminal Appeal Act 1912: s6(3)