Director of Public Prosecutions v Karimi
[2024] VCC 1134
•26 July 2024
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-24-00477
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ALI KARIMI |
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JUDGE: | HER HONOUR JUDGE GWYNN | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 12 July 2024 | |
DATE OF SENTENCE: | 26 July 2024 | |
CASE MAY BE CITED AS: | DPP v Karimi | |
MEDIUM NEUTRAL CITATION: | [2024] VCC 1134 | |
REASONS FOR SENTENCE
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Subject:Criminal law
Catchwords: Culpable driving causing death; reckless conduct endangering life
Legislation Cited: Sentencing Act 1991 (Vic);
Cases Cited:R v Verdins & Ors [2007] VSCA 102; Brown v the Queen [2019] VSCA 286; Hennessey v The King [2024] VSCA 2; R v Singh [2022] VSCA 178 and DPP v Ruscoe [2024] VCC 264; R v Whyte (2002) 55 NSWLR 252
Sentence: Term of imprisonment of 10 years and 10 months, with a non-parole period of six years and 10 months.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr M. Fisher | Office of Public Prosecutions |
| For the Offender | Mr I. Hill KC | Galbally & O’Bryan |
| Mr J. Cleveland |
HER HONOUR:
1Ali Karimi, you have pleaded guilty on indictment to single charges of culpable driving causing death and reckless conduct endangering life.
2You have also pleaded guilty to related summary offences of unlicensed driving, using an unregistered vehicle on a highway and driving a motor vehicle displaying incorrect number plates.
3In sentencing you for these crimes, I must have regard to the maximum penalties for the offences you have committed. Those maximum penalties are as follows:
· Culpable driving causing death – 20 years' imprisonment;
· Reckless conduct endangering life – 10 years' imprisonment;
· Unlicenced driving – 6 months' imprisonment;
· Use an unregistered motor vehicle on a highway - 25 penalty units for a first offence, or 50 penalty units for a second or subsequent offence; and
· Use a motor vehicle displaying number plates not issued for that vehicle – 10 penalty units.
4These maximum penalties reflect the seriousness with which Parliament regards each of these offences.
5In addition, and a matter to which I will return, the charge of culpable driving causing death is a Category 2 offence such that, pursuant to Section 5 (2H) of the Sentencing Act 1991, the Court must impose a custodial sentence unless an exception applies. It is also an offence subject to the standard sentencing scheme.
6The circumstances of your offending are set out in a document entitled ‘Summary of Prosecution Opening upon Plea’ dated 18 June 2024. This is an agreed document and represents your acceptance of each of the elements of the offences to which you have pleaded guilty, as well as the factual basis on which I am to sentence.
The Victims
7The direct victims in this matter are Anuruddha Kodipila Arachchige and Bailey Andrew.
8At the time of your offending, Mr Arachchige was 49 years old. He lived in Berwick with his wife and two children. He was driving a white Subaru Forester, returning home after taking his son to school, when he was struck and killed by you.
9At the time the offence was committed, Ms Andrew was your 24-year-old girlfriend. She was in the front passenger seat of the car driven by you and sustained minor injuries as a result of the collision.
The Offending
10I will not repeat the entire summary as it is a matter of record, but in brief terms, the offending that gives rise to these charges occurred on 15 September 2023, at which time you were 26 years of age.
11At about 7.50 am, you were driving a blue Ford XR6 utility along Greaves Road, Berwick. Your car was unregistered and displaying Victorian registration plates ZYR 529 which were not issued for that vehicle.
12Some distance from the collision scene, you were observed entering a two-lane roundabout at speed, driving between two vehicles. Mr David Dawes was the driver of one of those vehicles. He says he observed you “driving aggressively”. Mr Peter Jawoski was in the other vehicle and reports seeing “a blue blur in [his] passenger window…[and] realised that a blue Ford….had threaded the needle between [him] and the ute to [his] left”.
13You were then observed exiting the roundabout and accelerating east along Greaves Road, towards Clyde Road, where you approached stationary traffic and then drove onto the opposite side of Greaves Road, towards ongoing traffic. Mr Dawes reports observing you driving on the wrong side of the road with three cars driving towards you. One car had to take evasive action to avoid being struck.
14Another witness, Mr David Pollard, was driving along Greaves Road at the time. He also observed you driving into the oncoming traffic. He told police that “cars were going everywhere”. Observations of various witnesses were detailed in the Prosecution Opening.
15While driving on the wrong side of the road, you drove through the intersection of O’Shea Road and Clyde Road, failing to stop at a red traffic light. Witnesses observed that you appeared to accelerate through the intersection, one witness stating that you “crossed the red lights like a flash”.
16After you passed through the intersection, you then proceeded to drive along the correct side of O’Shea Road.
17Meanwhile, at 7.56 am, Mr Arachchige was returning home to Berwick in his Subaru after dropping his son off at school. He was driving south on Kimbarra Drive towards the intersection of O’Shea Road. He stopped behind another car at the intersection at a red traffic light. When the light turned green, Mr Arachchige started to drive into the intersection, with the intention of driving straight through.
18At the same time, you were driving east along O’Shea Road and entered the intersection at speed through a red traffic light.
19Witnesses in the area variously described you as “flying”, appearing to be “doing double the speed limit of the cars around [you]” and report that you “didn’t even look…like..[you were] slowing down”.
20As you drove into the intersection, you collided with the driver’s side of Mr Arachchige’s Subaru. Debris flew and there was a massive plume of dust. A tyre dislodged from your Ford which was flung into the air and travelled down the road.
21As a result of the collision, the Subaru spun and impacted with a traffic control signal pole in the centre of O’Shea Road and came to rest in the west bound lanes near the pedestrian crossing.
22Mr Arachchige was trapped inside his car. He suffered fatal injuries and was pronounced dead at the scene by paramedics.
23A port-mortem examination conducted by a forensic pathologist concluded that the cause of death was attributable to multiple injuries that he sustained.
24After the collision, your Ford continued east along the road for some distance, before it crossed the centre median strip, finally stopping over the median strip and into one of the lanes traveling in the opposite direction.
25You got out of the car and went to Ms Andrew who was still seated in the front passenger seat of the blue Ford.
26Police and emergency services attended the scene. You told them that you had been driving the Ford at about 80 or 90 kilometres an hour and that the traffic light facing you had been green. You said that the deceased had pulled out in front of you. You said your name was Haron Karimi, which is your brother’s name.
27Subsequent investigations revealed you were driving at a speed of 125 kilometres an hour at the time of impact. The Subaru was travelling at 23 kilometres an hour. The designated speed limit was 60 kilometres an hour and was indicated by signage in the area.
28The investigations also revealed that traffic control signals were operating without any faults at the time of the collision. The multiple traffic light signals applicable to you as you approached the intersection were clearly illuminated red. Those applicable to the deceased were illuminated green.
29You were not licensed to drive at the time of the offending, forming the basis for Summary Charge 9 – unlicensed driving. Your Victorian drivers’ licence had expired and your Queensland drivers’ licence had been cancelled for a drink driving matter in 2021.
30An examination of the Ford revealed your car had no faults that could have caused or contributed to the collision. Enquiries in relation to your car’s vehicle identification number revealed your car was registered in Queensland, registration 369 XKS. These registration plates were found in the rear of your vehicle at the collision scene. These facts form the basis for Summary Charges 10 and 11, use unregistered vehicle and use a motor vehicle displaying number plates not issued for that vehicle.
31Ambulance paramedics treated Ms Andrew at the scene. She complained of soreness to her spine. You and Ms Andrew were each taken to the Alfred Hospital. You were arrested and placed under police guard.
32A blood sample was taken from you approximately 41 minutes following the collision. A subsequent analysis of the sample revealed:
(i)0.102 grams of alcohol per 100 millilitres of blood, that is a 0.102 per cent blood alcohol concentration;
(ii)0.02 milligrams of cocaine;
(iii)0.97 milligrams of benzoylecgonine, which is a metabolite of cocaine, indicative of it having been processed by the liver;
(iv)0.07 milligrams of ecgonine methyl ester; and
(v)0.02 milligrams of cocaethylene.
33A report of Dr Gaya, Medical Practitioner, has been tendered by the Crown and speaks to the potential impact of such drugs and alcohol on a driver.
34Later that day, you were discharged from hospital and taken to St Kilda police station, where you again stated that your name was Haron Karimi. You were deemed not fit to participate in a formal record of interview following an assessment by a Forensic Medical Officer. During that assessment, you told the assessing doctor your correct name and did so during a subsequent conversation with police.
Offence gravity and victim impact
35The purpose of a victim impact statement is to give those affected by your crimes the opportunity to participate in the criminal justice process by informing the court about the effects of the crime upon them.
36Ms Priyashani Gunathilaka is the wife of Mr Arachchige. A victim impact statement authored by her dated 6 June 2024 was tendered by the prosecution and read to the Court at your plea hearing. Ms Gunathilaka also provided photos of her late husband and their family.
37It is perhaps trite to say that the impact of your offending on the family of Mr Arachchige has been catastrophic.
38Ms Gunathilaka is now without a husband. Two children are now without a father.
39Ms Gunathilaka speaks of her grief of losing her husband, whom she described as not only her husband but as her confidant, best friend and biggest supporter. She says every corner of their family home now feels his absence.
40She anguishes over the milestones and everyday experiences that she and her children will never again get to share with him.
41Her daughter’s 21st birthday was nine weeks following the collision. Her son turned 14 six weeks after the collision. Neither had their father there to celebrate with them. Special occasions and milestones for their family are now tinged with sadness.
42Her son was only 13 when his father was killed. He now carries blame and guilt for the collision because it occurred after his father had taken him to school. Of course he bears no responsibility, you do.
43Ms Gunathilaka also speaks of the roles that Mr Arichchige played in their local and cultural community. She aptly highlights that not only have they lost a beloved member of their family, but the community has lost a supportive neighbour, a good friend and a kind and compassionate community member.
44I take the victim impact statement into account.
45This is axiomatically incredibly serious offending.
46Principles of general deterrence and denunciation must loom large. This is the mechanism to inform other road users of the consequences for an offender of behaviour such as yours
47CCTV footage taken from various places was tendered and was relevant to each charge on the indictment. It shows clearly you driving at speed on the wrong side of the road of Greaves Road and then Clyde Road and you driving at speed as you approached the intersection of O’Shea Road and Kimbarra Drive. The traffic light facing you is shown as red. Mr Arachchige can be seen moving into the intersection as you enter at speed, against the red light, and collide with the driver's side of Mr Arachchige’s vehicle. It makes for shocking viewing.
48Your behaviour is completely unexplained, although you were clearly under the influence of alcohol and cocaine at the time. Your vehicle did not have the correct number plates affixed and you initially lied about your identity.
49In terms of the charge of culpable driving, the Crown case is put on the basis that, in the minutes before for the collision, you were driving in a manner and at a speed that was both dangerous and reckless.
50The Crown case for charge 1 is put on the basis that, at the time of your collision with Mr Arachchige, you were unlicensed, speeding, and affected by various substances and that you consciously and unjustifiably disregarded a substantial risk that the death of another person or the infliction of grievous bodily harm upon another person may result from your driving. You take no issue with the way the Crown case is put.
51The charge of reckless conduct endangering life is a rolled-up charge. A rolled-up charge captures more than one instance of offending and may only be included on an indictment by the agreement of the accused and only for the purposes of a guilty plea. It is more serious than a single count.
52In your case, it is particularised as having placed Bailey Andrew and to have placed, or may have placed, other persons in danger of death. It is an offence which is separate from charge 1, which must be reflected in the sentence to be imposed and in a degree of cumulation between the two charges.
53
Your moral culpability would appear high. You were driving erratically and at excessive speed over some distance before the collision and did so when under the influence of both drugs and alcohol. I accept that you would have been aware of this fact and would have been aware of the impact of substance use on your driving given your long-standing history of use and addiction and a relevant prior court appearance which has already been referred to. You were constantly weaving through traffic, and dangerously so, with no regard for yourself,
Ms Andrew or numerous other road users. You disobeyed clearly visible traffic control signals at various stages and assigned road lanes and did so immediately before you hit Mr Arachchige’s vehicle. I accept the submission from the Crown that your actions were not a momentary lapse of attention or judgement, rather it was a deliberate decision. A decision with tragic consequences.
Plea of guilty
54The Sentencing Act obliges me to take into account the stage at which you entered your guilty plea. This matter resolved at committal mention at the Magistrates’ Court, representing a plea made at an early, if not the earliest, opportunity.
55Your plea, whilst in the face of a strong Crown case, has nevertheless saved the court the time and expense of contested proceedings and has utilitarian value. I accept that any trial would have been lengthy. Your decision to plead guilty has, more importantly, saved witnesses, especially Ms Gunathilaka, of the need to give evidence and relive distressing and shocking events.
56Materials tendered on your behalf would indicate that you are remorseful for your decision making on 15 September 2023. You told Mr Newton, psychologist, that after the collision “I felt horrible and couldn’t believe it, I realised that I had done something really bad”. You also told him that “the accident still comes back to me. I think about the impact I have caused and the effect on others. I am remorseful and I know there is a family there without a father”. I accept that you are genuinely remorseful.
57These factors will be taken into account in your favour.
Personal Circumstances
58I now turn to your personal circumstances, which have been helpfully outlined in defence submissions and the report of Clinical and Forensic Psychologist, Patrick Newton, dated 1 July 2024.
59You were born in Afghanistan and are currently 27 years of age.
60You are the youngest of six children with three older brothers and two older sisters. You enjoy a close relationship with all your siblings.
61Growing up, your father worked as a farm labourer and a fruit picker, whilst your mother was responsible for the household.
62Your childhood was characterised by alienation, endemic instability and trauma.
63Your family belongs to the Hazara ethnic group, a minority group which has historically been subject to intense persecution and discrimination by different regimes in Afghanistan.
64In Afghanistan, you lived in near subsistence conditions and were excluded from your community, being viewed as collaborators. You were treated with suspicion.
65Due to the escalation in persecution, your father migrated to Australia as a refugee by boat when you were one to two years of age. He came ahead to sponsor the whole family to gradually migrate.
66When you were three years of age, your mother moved your family to Pakistan due to an increase in the level of persecution. You lived as refugees in the town of Quetta for some time being five years. You describe living in Quetta as traumatic and distressing. You saw people shot in front of you and your family were treated harshly in the community.
67You eventually moved to Australia as part of a humanitarian program when you were eight to nine years of age and your family initially settled in Keysborough. At the age of 10, you moved to Mildura as your father gained employment as a fruit picker after struggling to have the means to feed your family.
68In 2008, your family became Australian citizens.
69Your father is now retired, and your mother is in receipt of Disability Support payments on account of her poor mental health. Both your parents have mental and physical health problems derived from their experiences in Afghanistan. Your parents remain together but they do not share a house, as your father prefers to live in the countryside in Mildura and your mother in the city.
70In terms of education, you began your schooling in Pakistan. You told Mr Newton that you were not the smartest and that teachers would hit you when you made mistakes. You failed year one several times and report that that meant you felt stupid and scared.
71In Australia, you initially attended a language school for one year to learn English. You attended primary schools in Keysborough and Mildura and found it challenging due to the unfamiliarity of the environment and the language. You also struggled to fit in and to form friendships. You were subjected to racist bullying and teasing.
72Your secondary schooling was also severely disrupted by continuing academic and social difficulties, compounded by your family’s repeated moves. You attended no less than five secondary schools over the course of three and a half years. You report continuing to struggle to make friends and to being subject to intense bullying.
73You told Mr Newton that you made friends in Year 10 but described them as 'the wrong group of friends’, which led you to soon drop out of school after completing only a number of weeks of Year 10. It was then that you began experimenting with illicit drugs.
74You started using cannabis with your negative peers in Year 10 and within three to four months, you had begun using about a gram every day.
75Whilst coming from what would appear to be a very loving family trying their best to survive and trying their best to provide for each other, I do accept that your upbringing was not without trauma in terms of what you saw and experienced in that context and then the genuine difficulty you then had transitioning into Australian lifestyle, culture and education. This, in part, explains your early resort to drug use, but I am not of the view that it reduces your moral culpability for your offending.
76You were using cannabis daily up to your remand.
77You also commenced using alcohol in your late teens which increased when combined with cannabis use and, at a later stage, with cocaine use.
78You began using cocaine approximately five years ago following a relationship break down. You initially started using it at the weekend in clubs, but your usage rapidly increased to several grams a day.
79You have also acknowledged using other drugs, such as MDMA and other pills, when available.
80You report moving to Brisbane in 2020 for 12 months to manage your drug use and say that you ‘cleaned yourself up’ during that time. You did not however engage in any formal treatment whilst there and started consuming drugs and alcohol once you returned to Melbourne.
81You have had two significant relationships in your adult life. The first was when you were 18 and spanned a duration of some three years. The relationship broke down in the context of your substance abuse and due to parental disapproval based on religious differences. The second was with Bailey Andrew who you met in early 2023 and dated for a couple of months prior to the collision. The relationship was adversely affected by mutual drug use. On the night preceding the collision, you told Mr Newton you had each consumed significant quantities of tequila and cocaine. You say you are not really together anymore, although have remained in contact.
82In terms of your work history, you completed the Year 11 equivalent at Berwick TAFE and commenced a plumbing apprenticeship course which you did not complete. You later returned to successfully complete a certificate however have never proceeded to formal training in this field. Growing up, you and your siblings would join your father picking fruit in your spare time. You have worked in hospitality at McDonalds when you were 16 to 17 years of age and have also worked as a labourer and in factories. You also were employed in the construction industry with a brother-in-law. Substance use however has negatively affected your work performance and ability to maintain employment.
83Indeed, substance dependency has permeated all aspects of your life, impacting on you, undoubtedly others, and culminating in the tragic events of 15 September 2023.
Criminal history
84Your prior criminal history does form part of your personal circumstances. The prosecution tendered your criminal history from Victoria and Queensland.
85You have a limited criminal history, but it is not without its relevance.
86Your first appeared at the Dandenong Magistrates’ Court on 29 September 2015 for charges of theft from a shop and possess controlled weapon without excuse. You were sentenced to a 12-month adjourned undertaking with a condition to pay $100 to the Court Fund. No conviction was recorded.
87You re-appeared at the Dandenong Magistrates’ Court on 3 June 2016 for breaching that adjourned undertaking. The breach was found proven, and you received a $100 fine with conviction.
88You again appeared at the Dandenong Magistrates’ Court on 13 December 2016, for charges of commit indictable offence whilst on bail, handle stolen goods, and two charges of theft of a motor vehicle. You were sentenced to a 12-month Community Correction Order with therapeutic conditions to undergo treatment for mental health and to undertake offending behaviour programs as directed. No conviction was recorded.
89You appeared before the Beenleigh Magistrates’ Court in Queensland on 7 July 2021 for being in charge of a vehicle under the influence of alcohol, with a recorded blood alcohol content of 0.151 per cent. You were convicted and fined $900 and your licence was disqualified. It is this offence which should have given the insight to driving whilst under the influence of alcohol.
90Whilst not to be punished for your criminal history a second time, it is relevant to the assessment that needs to be undertaken by me as to the weight that should attach to the important principles of specific deterrence, denunciation, and protection of the community. These all carry considerable importance in your sentencing exercise.
91I accept the submission that your criminal history is largely irrelevant but for your appearance in Queensland. Your limited relevant history and your own response to your offending limits the weight to attach to specific deterrence.
92Your criminal history is also relevant to the assessment as to your prospects for rehabilitation, a topic to which I now turn.
Prospects of rehabilitation
93In my assessment, at this point in time, your overall prospects of rehabilitation would appear live.
94You have now been on remand for some 315 days. This is your first exposure to a custodial setting.
95You do appear to have used your time wisely whilst in custody. You have provided clean urine screens and have already undertaken a number of courses and programs designed to facilitate your rehabilitation. You have obtained work as a groundskeeper at Marngoneet Correctional Facility which is a trusted position.
96You hope to return to the construction industry and are interested in completing a plumbing apprenticeship. You have explored opportunities for education whilst in prison and expressed a hope that you may commence a Bachelor of Applied Science in Construction Management once you are sentenced.
97I accept that you have an extremely supportive family who visit you regularly in custody and were present for your plea hearing and are present today for your sentencing.
98Your sister, Karima Sahil, has provided a detailed and thoughtful character reference. She describes the recognition by your family of the devastation the victim’s family must be experiencing. She also details the very difficult circumstances you experienced during your upbringing in Afghanistan, Pakistan and then transition to Australia. Karima believes you understand the wrongfulness of your actions and that you should have a positive future with the continued assistance from your family. You are of course fortunate to have their support.
99In terms of your mental health, in his report dated 1 July 2024, Mr Patrick Newton opined that you present with symptoms consistent with mild depression and anxiety, which he sees as reactive to your involvement in a death and your recognitions of the challenges ahead in the context of your powerlessness to change the past. I accept that you have been impacted by the trauma of your past. I also accept that you are genuinely distressed by your wrongdoing in September 2023 and that this response is likely to play some role in your desire for a more positive future.
100Mr Newton expresses some concern for an elevated risk for bouts of emotional disturbance during any period in custody and that you are likely to require some more active mental health care than a typical prisoner. I take this into account in a general sense
101You are currently prescribed antidepressants which you have found helpful.
102Mr Newton opines that you would meet the criteria for Substance Use Disorder in relation to cannabis, cocaine and alcohol, which you would have been experiencing at a moderate to severe level at the time of your offending. At present, that condition is in early remission in the controlled environment.
103It is not sought to rely on any of the limbs of R v Verdins & Ors [2007] VSCA 102.
104Mr Newton saw your insight into your dependencies as “good”. Whilst being in the custodial setting, Mr Newton observed that you demonstrated a more advanced degree of insight than is typical for prisoners at this stage of recovery. This augurs well for your future. I accept that your current aim is to remain drug free.
105It is perhaps trite to say that if you can remain drug free and use appropriate supports and the resource of family upon your eventual release, then your prospects for rehabilitation would be advanced.
Standard Sentencing Scheme
106I have also referred to the standard sentencing scheme which operates in relation to Charge 1 on the indictment, culpable driving. The standard sentencing scheme became effective on 1 February 2018 and only applies to offences committed after that date, which yours clearly was.
107The period specified as the standard sentence is 'the sentence for an offence that, taking into account only the objective factors affecting the relative seriousness of that offence, is in the middle of the range of seriousness'.[1] The standard sentence for the offence of culpable driving is one of eight years. In determining the objective factors, a court must consider only the nature of the offence and not your personal circumstances. This determination is only intended to give 'content to the hypothesised mid-range offence'.[2] Nothing in the scheme circumscribes the manner in which the court is to assess the seriousness of the offence.
[1] Sentencing Act 1991 (Vic), s 5A(1)(b).
[2] Brown v the Queen [2019] VSCA 286, [36].
108Pursuant to s11A of the Act,[3] the non‐parole period to be imposed for a standard sentence offence must be at least 60 per cent of the total effective sentence, unless the court considers that it is in the interests of justice not to do so.
[3] Sentencing Act 1991 (Vic).
109The Court of Appeal has said that the key requirement is for the court to take into account the standard sentence as a relevant sentencing factor but, as with the maximum penalty, it is a legislative guidepost. It does not affect the instinctive synthesis, does not permit two-stage sentencing or otherwise affect matters a court may or must consider when sentencing. A court does not start by asking whether or not the standard sentence should be imposed and then work its way up, or indeed down.
110Consideration of current sentencing practices is necessarily limited by sentences previously imposed if the offence in question was subject to the standard sentencing scheme.
111I have been referred by the Crown to cases which include Hennessey v The King [2024] VSCA 2; R v Singh [2022] VSCA 178; and DPP v Ruscoe [2024] VCC 264. I observe that Mr Ruscoe fled from the scene of the accident, was not assessed as remorseful, had a more significant and relevant criminal history and was subject to a Correction Order at the time of his offending. This only serves to highlight that there are always inherent differences in cases said to be comparable.
112Your counsel has helpfully referred me to cases as to the relevant principles and sentencing practices. I have been assisted by referral to the decision of R v Whyte (2002) 55 NSWLR 252, which does detail a non-exhaustive list of features relevant to assessing the objective gravity of indictable driving offences. That decision has been referred to by our Court of Appeal.
113I have had regard to all cases to which I have been referred and, whilst there are understandable differences in those said to be comparable, they have been of assistance.
114I am of the view that the circumstances of your particular offence of culpable driving is above the medium or mid-range in terms of an assessment of the objective gravity of the offence without factoring in matters personal to you.
Sentencing Submissions
115In terms of sentencing submissions, your counsel accepts that the imposition of a period of imprisonment with a non-parole period as the only sentencing option, however submit that your personal circumstances are particularly significant to the non-parole period to be fixed. I accept this submission.
116The Crown submit that general and specific deterrence, as well as denunciation, just punishment and community protection are important sentencing principles in this matter. They submit that an immediate period of incarceration is the only available disposition open to the court, and that the imprisonment term should be of a lengthy duration with reference to the maximum sentence for Charge 1.
Sentencing Principles
117To the family of the deceased, I say that there is nothing this court can say or do that will bring back your loved one or heal your significant and unmeasurable grief, pain or injury. The sentence I must impose can in no way be a measure of the worth of the life of the one that you have loved and have now lost.
118Rather, the sentence I must impose is a reflection of a large number of factors which judges are required by law to take into account, one of which is of course the impact on victims.
119Otherwise, the basic purposes for which a court may impose a sentence are just punishment, general and specific deterrence, rehabilitation, denunciation and protection of the community.
120In sentencing you, I must have regard to a range of matters which include the seriousness of the offending, your culpability for it, your personal circumstances and those of your victim. I must also balance the interests of the community in denouncing criminal conduct with the interests of the community clearly in seeking to ensure, where possible, that offenders are rehabilitated and safely reintegrated into society.
121I have taken into account the sentencing purposes referred to in Section 5 of the Sentencing Act1991 where relevant to your case. I have taken into account current sentencing practices for the offences to which you have pleaded guilty and the important principles of proportionality and totality.
122Before I turn to sentence, I will check whether there were any factual errors or anything else you wish to bring to my attention. Mr Hill?
123MR HILL: No, Your Honour.
124HER HONOUR: Mr Fisher?
125MR FISHER: No thank you, Your Honour.
126HER HONOUR: For the Summary Charge 9, unlicensed driving, you are convicted and fined the amount of $1,200.
127For Summary Charge 10, use an unregistered vehicle on a highway, you are convicted and fined the amount of $500.
128For Summary Charge 11, drive a motor vehicle displaying incorrect number plates, you are convicted and discharged.
129In relation to Charges 1 and 2, and pursuant to s 89(1) and (2) of the Sentencing Act 1991, the Court must cancel your licence and disqualify you from obtaining another licence. I cancel any licences held by you and disqualify you from obtaining a licence for a period of seven years.
130In terms of the sentence, in relation to Charge 1, culpable driving causing death, you, Ali Karimi, are convicted and sentenced to nine years and six months' imprisonment. This is the base sentence
131For Charge 2, reckless conduct endangering life, you are convicted and sentenced to three years and eight months' imprisonment, of which 16 months is cumulative on the base sentence.
132Your total effective sentence is therefore one of 10 years and 10 months imprisonment. I fix a period of six years and 10 months before you are eligible for parole.
133I did not check with counsel, but at this stage I reckon 315 days as having already been served by way of pre-sentence detention.
134MR FISHER: That's correct.
135HER HONOUR: Thank you. Section 6AAA of the Sentencing Act requires me to state the sentence I would have imposed had you not pleaded guilty. If not for your pleas of guilty, you would have been sentenced to a total effective sentence of 14 years' imprisonment with a minimum of eight years and nine months' imprisonment before being eligible for parole.
136I thank counsel for their enormous assistance in this matter in both written and oral form. I thank the family of Mr Karimi for their courtesy and their attendance, and I certainly give my regards to the victim's family and thank them for their calm and measured approach to the hearing and what is obviously a very difficult matter. Otherwise, I will stand down until 2.15 and Mr Hill you can use the link if you wish to do so.
137MR HILL: Thank you, Your Honour.
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