Director of Public Prosecutions v Andonakis [2019] NSWCCA 123

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Director of Public Prosecutions v Andonakis [2019] NSWCCA 123 Hearing dates: 22 March 2019 Date of orders: 14 June 2019 Decision date: 14 June 2019 Before: Basten JA; Adams J; Ierace J Decision: (1) Allow the Director's appeal and set aside the sentence imposed on the offender in the District Court on 20 September 2018. (2) Sentence the offender to a non-parole period of 3 years 10 months, with an additional term of 16 months, giving a sentence of 5 years 2 months. (3) Direct that the sentence commenced on 25 September 2017. (4) Note that the offender will first be eligible for parole on 24 July 2021. Catchwords: SENTENCING – appeal – Director's appeal against inadequacy of sentence – dangerous driving causing death – manifest inadequacy – high range objective seriousness – finding of special circumstances – relevance of hardship to family – discretion to intervene Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 22, 44 Crimes Act 1900 (NSW), s 52A Criminal Appeal Act 1912 (NSW), s 5D Cases Cited: Huynh v R [2018] NSWCCA 237 Jiang v R [2010] NSWCCA 277 R v Edwards (1996) 90 A Crim R 510 R v Fidow [2004] NSWCCA 172 R v GWM [2012] NSWCCA 240 R v Jurisic (1998) 45 NSWLR 209 R v Whyte (2002) 55 NSWLR 252; [2002] NSWCCA 343 Texts Cited: M Bagaric, "Redefining the Circumstances in which Family Hardship should mitigate Sentence Severity" (2019) 42 UNSWLJ 154 Category: Principal judgment Parties: Director of Public Prosecutions (NSW) (Appellant) Jonathan Matthew Andonakis (Respondent) Representation: Counsel: Ms M Cinque SC (Appellant) Ms A Cook (Respondent)