R v Abbas CHOUKEIR [2011] NSWDC 123

District Court New South Wales

Medium Neutral Citation: R v Abbas CHOUKEIR [2011] NSWDC 123 Decision date: 24 August 2011 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: For both dangerous driving causing grievous bodily harm offences - a fixed term of 2 years 6 months. For the offence of dangerous driving occasioning death - non parole period of 2 years, balance of the term of 2 years. Catchwords: CRIMINAL LAW - sentence - convicted after trial - 1 offence of driving in a manner dangerous occasioning death - 2 offences of driving in a manner dangerous occasioning grievous bodily harm - related offence of driving with prescribed illicit drug - father of family killed - 2 children injured - 30 kilometres per hour over 50 kilometre per hour speed limit in suburban street - victim impact statement - relevance to sentence - evidence of injuries to others - criminal record - traffic record - Veen - on conditional liberty Legislation Cited: Crimes Act 1900 s 52A, 52A(1)(c), 52(3)(c) Crimes (Sentencing Procedure Act) 1999 s 21A Road Transport (Safety and Traffic Management) Act 1999 s 11B(1)(a) Cases Cited: Regina v Musumeci (NSWCCA unreported 30 October 1997) R v Previtera (1997) 94 A Crim R 76 Regina v Whyte (2002) 55 NSWLR 252 Venn v The Queen No 2 (1998) 164 CLR 465 Category: Sentence Parties: Regina Abbas Choukeir Representation: Mr M Coroneos for the offender Mr PM Skinner for the Director of Public Prosecutions Mr S Zahr for the offender Ms LJ Gerber for the Director of Public Prosecutions File Number(s): 2009/249241