R v Awac [2020] NSWDC 41

District Court New South Wales

Medium Neutral Citation: R v Awac [2020] NSWDC 41 Hearing dates: 15 October 2019 Date of orders: 07 February 2020 Decision date: 07 February 2020 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Aggregate sentence of imprisonment of 4 years with a non-parole period of 2 years 6 months Catchwords: CRIME — Driving offences — Dangerous driving occasioning grievous bodily harm — "In a manner dangerous to another person or persons" CRIME — Driving offences — Failure to stop and assist after vehicle impact causing death or grievous bodily harm SENTENCING — Relevant factors on sentence — Form 1 offences SENTENCING — Relevant factors on sentence — Multiple offences — Aggregate sentences Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Evidence Act 1995 Road Rules 2014 Cases Cited: Attorney-General's application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No. 1 of 2002 [2002] NSWCCA 518 The Queen v White [2002] NSWCCA 343 Category: Sentence Parties: Regina (Crown) Awac Awac (Offender) Representation: Kartini Saddington (Crown) Sean Brennan (counsel) (Offender)

Director of Public Prosecutions (NSW) (Crown) Hunter and Braddon Lawyers (Offender) File Number(s): 2018/00094375

EX TEMPORE REVISED Judgement

INTRODUCTION 1. Awac Awac is before me today for the imposition of sentence in respect of four offences upon which he was committed for sentence to the District Court from the Local Court, and for sentence upon two summary matters that are before the court pursuant to s 166 Criminal Procedure Act 1986. 2. The matter commenced before me in the District Court at Parramatta on 15 October 2019 but could not conclude that day because of other commitments and it was adjourned at or about the time the offender had completed his evidence in chief in his case. The matter was adjourned until a date late last year when it was to be resumed but I am not sure now whether it was because I was required to sit in country sittings or because of illness that I suffered that it could not proceed on that occasion and was adjourned by another judge to resume today.