NSW Caselaw
Local Court New South Wales
Medium Neutral Citation: Director of Public Prosecutions (NSW) v Mansouri [2016] NSWLC 17 Hearing dates: 18 August 2016 Decision date: 16 September 2016 Jurisdiction: Criminal Before: DCM C O'Brien Decision: (1) The defendant is convicted.
(2) He is sentenced to a term of imprisonment of 7 months. That sentence is to be suspended and the defendant is to be released from custody on condition that he enters into a bond to be of good behaviour pursuant to s 12 of the Crimes (Sentencing Procedure) Act 1999 for a period of 7 months. The conditions of the bond are:
(i) To be of good behaviour and appear for sentence if called upon, and (ii) To notify the Registrar of this court of any change to his residential address. (3) Further the defendant is disqualified from holding or obtaining a driver licence pursuant to the road transport legislation for the automatic period of 3 years. Catchwords: CRIMINAL LAW – sentence - negligent driving occasioning death – offence at or just above mid-range of objective seriousness – powerful subjective case – exceptional hardship to family – no alternative to custodial sentence – regard to be had fact that offence resulted in loss of life - suspension of sentence of imprisonment Legislation Cited: Crimes (Sentencing Procedure) Act 1999, ss 3A, 5, 12 Road Transport Act 2013, s 117 Road Transport (Safety and Traffic Management) Act 1999 (rep), s 42 Cases Cited: Bonsu v R [2009] NSWCCA 316 Director of Public Prosecutions (NSW) v Pelletier [2014] NSWLC 9 Munda v Western Australia (2013) 249 CLR 600 Neal v The Queen (1982) 149 CLR 305 NSW Police v Nash [2016] NSWLC 3 R v Borkowski [2009] NSWCCA 102 R v Edwards (1996) 90 A Crim R 510 R v Engert (1995) 84 A Crim R 67 R v Kennedy [2000] NSWCCA 527 R v Oliver (1980) 7 A Crim R 174 R v Todoroski [2010] NSWCCA 75 R v Wirth (1976) 14 SASR 291 R v Zamagias [2002] NSWCCA 17 Skocic v R [2014] NSWCCA 225 Sumpton v R [2016] NSWCCA 162 Category: Sentence Parties: Jafar Mansouri (the defendant) Director of Public Prosecutions Representation: Counsel: Mr Marr for the defendant
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