SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2018 0178
| SANTINO BANKAL | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | MAXWELL P and PRIEST JA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 18 July 2019 |
| DATE OF JUDGMENT: | 31 July 2019 |
| MEDIUM NEUTRAL CITATION: | [2019] VSCA 171 |
| SENTENCE APPEALED FROM: | DPP v Bankal [2018] VCC 1274 (Judge Pullen) |
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CRIMINAL LAW – Sentence – Appeal – Failing to render assistance after motor vehicle accident in which person killed – Relevant summary offence of driving whilst disqualified – Speeding motorcyclist’s collision with unregistered motor vehicle driven by applicant – Motorcyclist suffering serious injuries causing death – Applicant failed to render any assistance – Applicant left scene shortly after collision – Others in vicinity provided assistance to injured motorcyclist – Total effective sentence of three years and four months’ imprisonment with non-parole period of 22 months – Whether duty to render assistance abrogated because failure to do so had no deleterious effect upon victim – Whether duty to render assistance subsists when others present capable of doing so – Whether moral culpability reduced – Whether sentence manifestly excessive – Leave to appeal refused – Road Safety Act 1986 s 61.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr J O’Connor | Victoria Legal Aid |
| For the Respondent | Mr G Hughan | Mr J Cain, Solicitor for Public Prosecutions |
MAXWELL P
PRIEST JA:
At about 7.20 pm on 7 July 2017, the applicant, then aged 28[1] — who had never held a driver’s licence — drove an unregistered Holden Commodore from a service road adjacent to a Dan Murphy’s liquor store car park onto the south-bound lanes of the Nepean Highway. Very shortly afterwards, an unregistered motorcycle ridden by Ashleigh Gason, aged 21[2] — whose licence was suspended due to the accumulation of demerit points — struck the applicant’s vehicle. Police determined that, prior to impact, the motorcycle was travelling at a minimum speed of 112 kph (the applicable speed limit being 80 kph).
[1]His date of birth is 1 January 1989.
[2]His date of birth was 12 March 1996.
As a result of the collision, both the motorcycle and its rider, Mr Gason, caught fire (Mr Gason suffering injuries from which he died). Although others at the scene rendered assistance to Mr Gason by extinguishing the fire and performing CPR, the applicant did not. Within a minute or a minute and a half or so, he had left the scene.
The applicant was arrested on 8 July 2017. Almost a year later, on 27 June 2018, the applicant pleaded guilty before a judge in the County Court to an indictment that charged him with failing to render assistance after a motor vehicle accident in which a person is killed,[3] and to related summary charges of driving whilst disqualified[4] and using an unregistered vehicle on a highway.[5]
[3]Road Safety Act 1986, s 61(3). The maximum penalty is 10 years’ imprisonment (or 1200 penalty units).
[4]Road Safety Act 1986, s 30(1). The…
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- AGLC
- Bankal v The Queen [2019] VSCA 171
- Case
- [2019] VSCA 171
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the defendant's failure to render assistance was excused because the failure had no deleterious effect on the victim, whether the duty to render assistance subsists when others are present and capable of doing so, whether the defendant's moral culpability was reduced, and whether the sentence was manifestly excessive. The court held that the duty to render assistance was not abrogated because the failure to do so had no deleterious effect upon the victim. The court found that the duty to render assistance subsists even when others are present and capable of doing so. The court also found that the defendant's moral culpability was not reduced. The court held that the sentence was not manifestly excessive and was therefore upheld. The appeal was dismissed, and leave to appeal was refused.
The court's reasoning was that the defendant's failure to render assistance was not excused because the duty to render assistance is a fundamental principle of the criminal law and is not dependent on the effect of the failure on the victim. The court found that the defendant's moral culpability was not reduced because the failure to render assistance was a deliberate decision on the defendant's part. The court held that the sentence was not manifestly excessive and was therefore upheld. The court found that the sentence was appropriate in the circumstances and reflected the seriousness of the offence. The appeal was dismissed, and leave to appeal was refused. The court's final orders were that the appeal be dismissed and that leave to appeal be refused.
Orders
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Evidence Before The Court
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