NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Mina Nashed v Regina [2010] NSWCCA 282
HEARING DATE(S): 19 November 2010
JUDGMENT DATE: 3 December 2010
JUDGMENT OF: Simpson J at 1; Price J at 2; Garling J at 50
Leave to appeal is granted. DECISION: In respect of the offence against s 11B(1)(a) of the Road Transport (Safety & Traffic Management) Act 1999, quash the sentence of 1 day imprisonment, but confirm the conviction and penalty of 6 months disqualification. Appeal otherwise dismissed.
CATCHWORDS: CRIMINAL LAW – Sentencing – Dangerous driving causing death – Where applicant was sleep deprived – Guidelines for sentencing – Whether this should be considered a typical case within the meaning in Whyte – Whether error in failing to determine the moral culpability of the applicant's conduct – Factors pointing towards the assessment of moral culpability – Whether the applicant had abandoned the responsibility which comes when driving a vehicle on the highway. - CRIMINAL LAW – Sentencing – Offence of driving with an illicit drug present in the applicant's blood – Where sentencing judge imposed a sentence of imprisonment for 1 day – Where the maximum penalty for the offence was to impose a fine.
Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 LEGISLATION CITED: Criminal Appeal Act 1912 Criminal Procedure Act 1986 Road Transport (Safety & Traffic Management) Act 1999
R v Besant [2003] NSWCCA 388 R v Errington [2005] NSWCCA 348 CASES CITED : R v Gonzales [2006] NSWCCA 4 R v Jurisic (1998) 45 NSWLR 209 R v Takai [2004] NSWCCA 392 R v Whyte (2002) 55 NSWLR 252
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