R v Dany Mazbouh [2018] NSWDC 46

District Court New South Wales

Medium Neutral Citation: R v Dany Mazbouh [2018] NSWDC 46 Hearing dates: 2 March 2018 Date of orders: 09 March 2018 Decision date: 09 March 2018 Jurisdiction: Criminal Before: Judge AC Scotting Decision: 1 The offender is convicted. 2 The offender is disqualified from driving for the automatic period. 3 The offender is referred for assessment as to his suitability for an Intensive Correction Order as a means of serving the sentence. 4 The offender is directed to report the Penrith Community Corrections Office in person on or before 4pm on Monday 12 March 2018. 5 I adjourn the proceedings part heard before me to 20 April 2018. Catchwords: CRIMINAL LAW – offence - plea of guilty – dangerous driving occasioning death – dangerous driving occasioning grievous bodily harm – Form 1 matter SENTENCE – mitigating factors – aggravating factors – circumstances – objective seriousness – specific deterrence – general deterrence – appropriate penalty – consideration SENTENCE PRINCIPLES – appropriate discount for plea of guilty – community values – remorse – contrition – mental health of offender – post traumatic stress disorder Legislation Cited: Crimes Act 1900 ss.52A(1)(c), 52A(3)(c) Crimes (Sentencing Procedure) Act 1999 ss 5, 21A(3)(h), 21A(3)(i), 21A(3)(k), 22 Cases Cited: R v Borkowski (2009) 195 A Crim R 1 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Whyte (2002) 55 NSWLR 252 Category: Sentence Parties: Regina (The Crown) Dany Mazbouh (Offender) Representation: Counsel: Mr K Gilson (The Crown) Mr G James QC (Offender)