R v Rummukainen [2019] NSWDC 452

District Court New South Wales

Medium Neutral Citation: R v Rummukainen [2019] NSWDC 452 Hearing dates: 17 May 2019 Date of orders: 17 May 2019 Decision date: 17 May 2019 Jurisdiction: Criminal Before: Buscombe DCJ Decision: See paragraph [29] Catchwords: CRIME — Driving offences — Dangerous driving occasioning death — "In a manner dangerous to another person or persons" — sentence of imprisonment SENTENCING — Subjective considerations on sentence — Special circumstances Legislation Cited: Crimes (Sentencing Procedure) Act Cases Cited: Muldrock v The Queen (2011) 244 CLR 120 R v Whyte (2002) 55 NSWLR 252 Category: Sentence Parties: Director of Public Prosecutions (Crown) Risto Petteri Rummukainen (Offender) Representation: Counsel: N Keay (Crown) S Boland (Offender)

Solicitors: S Knox (Crown) J Maher (Kami Saeedi Law) File Number(s): 2017/00029865

SENTENCE 1. HIS HONOUR: The offender was found guilty after trial by a jury of a single charge that on 27 November 2016 at Bellmount Forest he drove a motor vehicle, namely, a Toyota HiLux utility registration number DJS 47Q, in a manner dangerous to another person or persons whereby the vehicle was involved in an impact as a result of which the death of Alexander Henry was occasioned. That is an offence under s 52A(1)(c) of the Crimes Act and has a maximum penalty of ten years' imprisonment. 2. These being sentence proceedings after trial, I am required to find the facts upon which the offender is to be sentenced consistent with the verdict returned by the jury. To the extent that I find facts adverse to the offender, I must be able to find those facts proved beyond reasonable doubt. I consider the following facts are established by the evidence consistent with the jury's verdict beyond reasonable doubt.