R v Chris Lentini [2020] NSWDC 132

District Court New South Wales

Medium Neutral Citation: R v Chris Lentini [2020] NSWDC 132 Hearing dates: 12 March 2020; 1 April 2020; 22 April 2020 Date of orders: 22 April 2020 Decision date: 22 April 2020 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: Full time custodial sentence; compensatory orders. At [70] – [80] Catchwords: CRIME – sentence – vehicle collision – grievous bodily harm – failing to stop to give assistance – negligent driving and other offences – no remorse – no special circumstances Legislation Cited: Crimes Act 1900 NSW s52AB Crimes (Sentencing Procedure) Act 1999 NSW s3A Road Rules 2014 NSW s287 Road Transport Act 2013 NSW ss54, 146 & 117 Victims Rights and Support Act 2013 NSW s97 Cases Cited: R v Pullen [2018] NSWCCA 264 Hoskins v R [2020] NSWCCA 18 Texts Cited: None Category: Sentence Parties: Regina (Crown) Christopher Lentini (Offender) Representation: Solicitors: Ms H NG (ODPP) Ms V Barnsley (GTC Lawyers) File Number(s): 2019/00033832 Publication restriction: None

Judgment 1. Chris Lentini was born on 28 May 1987 and will soon be 33 years of age. 2. He appears before the Court today in relation to a primary offence, together with 2 related offences and 2 back-up offences, the latter to be withdrawn upon conviction. 3. All offences arise out of the same charge number (870882341) and relate to a specific event which occurred on 29 January 2019. By reference to the charge certificate (Exhibit A, Tab C), the following are the charges: 1. Count 1 – contravention of s52AB of the Crimes Act 1900 NSW, arising from the fact that on 29 January 2019 the Offender was involved in a motor vehicle accident, causing grievous bodily harm to Calvin Pullen (Mr Pullen), and at the time the Offender ought to have reasonably known that the impact had occasioned grievous bodily harm or death, and subsequently did fail to stop and give necessary assistance. This charge carries a maximum period of imprisonment of 7 years, together with an automatic disqualification of 3 years; 2. Count 2 – this was a contravention of s146(1) of the Road Transport Act 2013 NSW, which is a backup charge to the same effect as Count 1, namely failing to stop and assist after impact causing injury. This charge will be dismissed upon conviction; 3. Count 3 – this relates to contravention of s54(1)(a) of the Road Transport Act, in that on the date specified, the Offender drove a motor vehicle on a road during a period of disqualification. This is a related offence for which the Offender is to be convicted and sentenced; 4. Count 4 – this is a contravention of s117(1)(b) of the Road Transport Act in that the Offender did negligently drive a motor vehicle upon a road occasioning grievous bodily harm. This offence carries a maximum penalty of 9 months imprisonment or 20 penalty units ($2,200) together with an automatic license disqualification of 3 years. This is a related charge for which the Offender will be convicted and sentenced; 5. Count 5 – in contravention of s287(1) of the Road Rules 2014 NSW, in that on the date stated the Offender did fail to give his required particulars within the required time to Mr Pullen, a person involved in a crash. This is a backup charge to be dismissed upon conviction. 1. The maximum penalties referred to above represent the Parliament's assessment of the seriousness of the offending. Stopping after an accident and providing assistance is a necessary and important feature of social interaction on roads. It is plain by the maximum penalty of 7 years imprisonment for Count 1 that Parliament, and the community, regard this as a serious offence. 2. As stated, the offending took place on 29 January 2019. The Offender was arrested on 31 January 2019 and has remained in custody since that date. On 27 August 2019 he was committed for trial from the Central Local Court. He later pleaded guilty in this Court on 20 December 2019. 3. At the time of the offending, Mr Lentini was on parole in respect of a charge (H ending 991) for supplying a prohibited drug on an ongoing basis. He served the balance of parole in respect of that charge from 31 January 2019 to 15 June 2019 (4 months and 16 days). Thereafter, he served a further fixed term of imprisonment for driving a motor vehicle whilst disqualified 2nd plus offence. That imprisonment was from 15 June 2019 to 14 October 2019. 4. Since 14 October 2019, the Offender has been in custody solely due to the present charges, awaiting trial and upon pleading guilty, sentence.