BILAL BADR-EDDEEN OMARI v ADAM ROBERT MOORE
[2013] ACTSC 9 (4 February 2013)
APPEAL AND NEW TRIAL – Appeal from the ACT Magistrates Court – Appeal against conviction – Specific error – Whether evidence supported findings of Magistrate – Findings supported by evidence despite impossibility of accurately determining speed of deceased at impact – Appeal dismissed
APPEAL AND NEW TRIAL – Appeal from the ACT Magistrates Court – Appeal against sentence for Negligent Driving Causing Death – Whether sentence manifestly excessive – No reasons given for sentencing appellant to imprisonment other than a general reference to the principles of general and specific deterrence – No reasons given by Magistrate for the rejection of alternative sentencing options – Degree of negligence toward the bottom of the range for an offence under s 6 (1) of the Road Transport (Safety and Traffic Management) Act – Sentence was manifestly excessive – Appeal upheld
APPEAL AND NEW TRIAL – Appeal from the ACT Magistrates Court – Appeal against sentence for Driving whilst Disqualified – Whether sentence manifestly excessive – Appellant’s subjective circumstances do not justify imposition of maximum penalty – Magistrate in error to apply maximum sentence – Sentence was manifestly excessive – Appeal upheld
APPEAL AND NEW TRIAL – Appeal from the ACT Magistrates Court – Appeal against sentence – GBO as part of suspended sentence breached – Whether sentence manifestly excessive – Appellant did not appeal from the suspended sentences of imprisonment – No basis for re-examination of suspended sentences – Magistrate had discretion either to impose the suspended sentences, or to re-sentence – Magistrate not in error to impose sentences – Sentences not manifestly excessive – Appeal dismissed
Road Transport (Safety and Traffic Management) Act 1999 (ACT), s 6 (1)
Crimes (Sentence Administration) Act2005 (ACT), s 110 (2)
Crimes (Sentencing) Act 2005 (ACT), s 10 (2)
Road Transport (Driver Licensing) Act1999 (ACT), s 32
Connelly v Allan [2011] ACTSC 170
DPP v Yeo [2008] NSWSC 953
House v The King (1936) 55 CLR 499
R v Antoniazzo [2010] ACTSC 36
R v Evans (unreported, ACTSC, Higgins CJ, 21 June 2005)
R v Griffith [2009] ACTSC 114
R v Murray [2008] ACTSC 115
ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY
No. SCA 18 of 2012
Judge: Burns J
Supreme Court of the ACT
Date: 4 February 2012
IN THE SUPREME COURT OF THE )
) No. SCA 18 of 2012
AUSTRALIAN CAPITAL TERRITORY )
ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN:BILAL BADR-EDDEEN OMARI
Plaintiff
AND: ADAM ROBERT MOORE
Defendant
ORDER
Judge: Burns J
Date: 4 February 2013
Place: Canberra
THE COURT ORDERS THAT:
The appeal against conviction with respect to the charge of negligent driving causing death is dismissed.
The sentences of imprisonment imposed by the sentencing Magistrate on charge
CC 10/9730 and CC 11/8727 are set aside.
The sentences of imprisonment made by the sentencing Magistrate as charges
CC 11/357 and CC 11/360 are confirmed, but the orders of…
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- [2013] ACTSC 9
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