Director of Public Prosecutions v Victoria BHANDARI [2011] NSWLC 7

Local Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions v Victoria BHANDARI [2011] NSWLC 7 Decision date: 08 February 2011 Jurisdiction: Criminal Before: Henson DCJ, Chief Magistrate Decision: The offender is convicted and sentenced to imprisonment for 10 months and 15 days. The proceedings are adjourned until 22 March 2011. The offender is to be assessed as to her suitability for Home Detention. In addition and following conviction the offender is disqualified from holding or obtaining a driver's license under the relevant legislation. Catchwords: CRIMINAL LAW - negligent driving occasioning death - sentence - question of hardship to third party - importance of general deterrence Legislation Cited: Crimes Act 1914 (Cth), s 16A(2) Crimes (Sentencing Procedure) Act 1999, ss 3A, 5, 12, 21A Criminal Case Conferencing Trial Act 2008, s 17 Road Transport (Safety and Traffic Management) Act 1999, s 42(1) Cases Cited: Bonsu v R [2009] NSWCCA 316 R v Edwards (1996) 90 A Crim R 510 R v Jurisic (1998) 45 NSWLR 209 R v Taylor [2000] NSWCCA 442 R v Togias [2001] NSWCCA 522 R v Way (2004) 60 NSWLR 168 R v Whyte (2002) 55 NSWLR 252 R v Wirth (1976) 14 SASR 291 R v Zamagias [2002] NSWCCA 17 Category: Sentence Parties: Director of Public Prosecutions Victoria Bhandari File Number(s): 2009/231451

JUDGMENT

REMARKS ON SENTENCE