NSW Caselaw
Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ul-Hassan v R [2018] NSWCCA 177 Hearing dates: 20 April 2018 Date of orders: 17 August 2018 Decision date: 17 August 2018 Before: Fullerton J at [1] Davies J at [2] Lonergan J at [124] Decision: (1) Leave to appeal granted.
(2) The appeal is allowed.
(3) Quash the sentence imposed by Judge McLennan SC in the District Court on 15 December 2016.
(4) In lieu, sentence the appellant to an aggregate sentence of five years imprisonment commencing 15 December 2016 and expiring 14 December 2021 with a non-parole period of two years and six months expiring 14 June 2019. Catchwords: SENTENCING – appeal against sentence – aggravated dangerous driving occasioning grievous bodily harm – mitigating factors – no record of previous convictions – Crimes (Sentencing Procedure) Act s 21A(3)(e) – whether sentencing judge erred by failing to advert to the applicant's record – whether sentencing judge erred in finding that the applicant's conduct amounted to an "abandonment of responsibility" – moral culpability not mitigated by identification of absent aggravating factors – whether applicant suffered extra-curial punishment as a result of injuries sustained by applicant and his friends who were passengers in the vehicle – applicant re-sentenced Legislation Cited: Crimes Act 1900 (NSW) s 52A Crimes (Sentencing Procedure) Act 1999 (NSW) s 21A(3) Cases Cited: Bravo v R [2015] NSWCCA 302 GW v R [2018] NSWCCA 79 Mills v R [2017] NSWCCA 87 Mulato v R [2006] NSWCCA 282 Pereira v R [2018] NSWCCA 171 Priovolidis v R [2016] NSWCCA 201 R v Baker [2000] NSWCCA 85 R v Howcher [2004] NSWCCA 179 R v Whyte (2002) 55 NSWLR 252; [2002] NSWCCA 343 R v Wright [2013] NSWCCA 82 Vaiusu v R [2017] NSWCCA 71 Vale v R [2016] NSWCCA 154 Zreika v R (2012) 223 A Crim R 460 [2012] NSWCCA 44 Texts Cited: Nil Category: Principal judgment Parties: Waqar Ul-Hassan (Applicant) Crown (Respondent) Representation: Counsel: T Alexis & A Cheema (Applicant) R Ranken (Respondent)
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