DPP v SAMADI [2006] NSWCCA 308

New South Wales Court of Criminal Appeal

CITATION: DPP v SAMADI [2006] NSWCCA 308 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 7 September 2006

JUDGMENT DATE: 22 September 2006

JUDGMENT OF: Mason P at 1; Sully J at 2; Latham J at 3

DECISION: 1. Appeal allowed; 2. Quash the sentence imposed on 8 May 2006; 3. In lieu, a non parole period of 12 months is imposed, to date from 8 May 2006, expiring 7 May 2007, with a balance of term of 18 months, expiring 7 November 2008. The respondent is to be released at the expiration of the non parole period.

CATCHWORDS: Sentence - Crown appeal - Dangerous Driving Occasioning Death - duration of dangerous driving in curcumstances where respondent was inexperienced and unsupervised learner drive - finding of low moral culpability not reasonably open.

LEGISLATION CITED: Criminal Procedure Act 1986

R v Whyte (2002) 55 NSWLR 252 ; [2002] NSWCCA 343 R v Jurisic (1998) 45 NSWLR 209 R v Errington [2005] NSWCCA 348 CASES CITED: R v Price [2004] NSWCCA 186 Gonzalez v R [2006] NSWCCA 4 House v The King (1936) 55 CLR 499 R v Bezan (2004) 147 A Crim R 430

PARTIES: Applicant - Regina Respondent - Mohammad Gul Samadi

FILE NUMBER(S): CCA 2006/1588

COUNSEL: Crown - W Dawe QC Respondent - T Strickland SC

SOLICITORS: Crown - S Kavanagh Respondent - S O'Connor

LOWER COURT JURISDICTION: District Court

LOWER COURT JUDICIAL OFFICER: Nicholson DCJ

LOWER COURT DATE OF DECISION: 8 May 2006