Director of Public Prosecutions v Sameri

[2019] VCC 2218

IN THE COUNTY COURT OF VICTORIA  Revised
Not Restricted
 Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR 19-02090

DIRECTOR OF PUBLIC PROSECUTIONS

v

MEHDI SAMERI

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JUDGE:	HIS HONOUR JUDGE LACAVA
WHERE HELD:	Melbourne
DATE OF HEARING:	6 November 2019
DATE OF SENTENCE:	19 December 2019
CASE MAY BE CITED AS:	DPP v Sameri
MEDIUM NEUTRAL CITATION:	[2019] VCC 2218

REASONS FOR SENTENCE
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Subject:           Dangerous driving Causing Death

Sentence:       10 Month Youth Justice Centre

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr J Singh
For the Accused	Mr R de Kretser

HIS HONOUR: 

1Mehdi Sameri, you have pleaded guilty to one charge of dangerous driving which caused the death of Colin Waters.  The offence occurred on the 24^th July 2019.  

2The maximum sentence for this offence is presently 10 years' imprisonment.  It was increased to that maximum in 2008.  Prior to the increase in sentence the maximum sentence was five years' imprisonment.  The seriousness of offending such as this can thus be seen from the fact that Parliament saw fit to double the maximum sentence in 2008. 

3Relatively recently, the offence of dangerous driving causing death was made a category 2 offence for the purposes of the Sentencing Act 1991. The effect of that is that absent substantial and compelling reasons that are exceptional and rare the court must impose a sentence of immediate imprisonment. It was not suggested here that a sentence other than a term of imprisonment should be imposed.

4You also pleaded guilty to a charge of failing to stop after an accident causing death for which the maximum penalty is imprisonment for ten (10) years and/or a fine not exceeding 1200 penalty units. 

5The circumstances of your offending are contained in a summary of prosecution opening that was tendered in evidence and read in open court by the prosecutor. 

6Your counsel Mr de Kretser accepted that the prosecution opening was accurate and forms a proper factual basis upon which I can proceed to pass sentence upon you.  In those circumstances it is not necessary that I here set out in detail all of the facts but do so only in an abbreviated way.  These sentencing remarks should, however, be read with what is set out in more detail in the summary.

7At about 6.48 am on the 24^th July 2019 your vehicle collided with Mr Waters who was riding to work on a bicycle.  This occurred at the intersection of Melton Highway and McCubbin Drive in Taylors Lakes. Mr Waters was aged 49 years.  You were 20 years old at the time of offending and now.  You are a young offender in the eyes of the law.  I will have more to say about that later.

8You awoke and prepared yourself for work at about 5.30.  You felt tired as you did not fall asleep until about midnight.  You headed off in your vehicle to collect your boss from his residence.  You were an apprentice plumber.  Along the way you continued to feel tired and so you stopped and purchased coffee before continuing on your journey to Hillside.  You told police that as you drove along the Old Calder Highway you had a micro sleep for a split second.  Your eyes closed but you did not lose control of the vehicle.  Instead of pulling over you pressed on. 

9When you got to the intersection of Melton Highway and McCubbin Drive you fell asleep before you entered the intersection in the result that you entered the intersection along the Melton Highway against a red light.  Mr Waters was riding his bike and entered the intersection with a green light and you collided with him.  You were travelling within the speed limit.  The impact caused Mr Waters onto the bonnet of your vehicle and the impact of his body indented the left side windscreen of your car.  You told police you were awoken by the sound of the impact of the collision.  You cannot have missed the fact you hit Mr Waters and injured him at the very least.  You initially slowed your vehicle before driving off to your employer’s residence in Hillside.

10A number of persons did stop to assist Mr Waters and an ambulance was called but he died soon afterwards.

11When you arrived at your employer’s home you told him what had occurred and you returned to the scene of the collision with him and soon after he took you to the Caroline Springs Police Station and reported the matter.  When interviewed you cooperated fully with the police and made a number of admissions.  What you did after you met with your employer is very much to your credit.

12This type of offence where there is no mens rea, or no intention to kill or injure, or otherwise cause harm, has troubled sentencing courts for some time.  This is because that most precious of all things, namely human life itself is lost.

13The NSW Court of Appeal in R v Whyte (2002) 55 NSWLR 252 published an amendment to its earlier guideline judgement in R v Jurisic (1998) 45 NSWLR 209. Speigelman CJ again repeated what he had said in Jurisic at p.284:

'A non-custodial sentence for an offence against s.52A should be exceptional and almost invariably confined to cases involving momentary inattention or misjudgment.'

14In this state the Victorian Court of Appeal as recently as 2016 said in DPP v Borg [2016] VSCA 53 at paragraph 74, a case where the Director of Public Prosecutions appealed against a sentence where the offender had pleaded guilty to two charges of dangerous driving causing death and two charges of dangerous driving causing serious injury:

'At first blush, it is difficult to see how any sentence other than one of immediate imprisonment could possibly meet the needs of general deterrence, adequate punishment, and denunciation, in respect of conduct as objectively grave as the conduct you have engaged in where an innocent person driving herself to work, lost her life because of what you did.'

15In sentencing for this offence the Court of Appeal has emphasized that there is a premium on human life and general deterrence is an important factor.  For that reason, youth was to be given less weight as a subjective factor than in other types of cases, and a non-custodial sentence for this kind of offence is exceptional.  See R v Neethling (2009) VR 466, and the judgment of the Court of Appeal in New South Wales  in R v Jurisic (supra). 

16In R v Oates [2007] VSCA 59 the Victorian Court of Appeal emphasised that general deterrence must be given considerable weight in sentencing an offender for dangerous driving causing death or serious injury. It added that a person who kills or injures another while driving dangerously is likely to receive a significant term of imprisonment. The court in Oates qualified that statement of principle by noting that any sentence which is imposed must take account of variations in the moral culpability of the person responsible, and that a custodial sentence will usually be appropriate for this offence except where the offender’s level of moral culpability is low.

17In this case your moral culpability for the offending in each of the charges cannot be adjudged as being low.  You knew you were tired.  You stopped and had coffee but you pressed on to drive to the home of your employer no doubt grateful for the opportunity of employment he had given to you and you were probably anxious not to be seen as an employee who had to take a day off work or who could not be relied upon to arrive on time.  That decision was fateful because you knew or ought to have known that your ability to stay awake and to be able to properly keep a proper look out, and control the motor vehicle you were driving, had been compromised by your tiredness.

18What happened next may also have been compromised by your tired state.  Once the accident had happened you knew what had occurred and you knew that you had caused injury or death.  I accept that you panicked and left the scene.  This in part was probably caused by your background and the fact you are a refugee to this country and you probably quickly panicked because of fear of the consequences that may result to you as a refugee and permanent resident at that time, but not by then a citizen of this country.  They are all explanations that help to explain what you did and why you did it but they are not valid excuses.  The fact remains you left the scene of an accident where, because of your driving, a perfectly innocent man who was obeying the law was killed.

19This offending occurred because you fell asleep at the wheel of a motor vehicle you were driving, and because after you collided with the bicycle being ridden by Colin Waters you panicked and left the scene.  You knew you were tired and you foolishly pressed on with fatal consequences.  Your driving was not affected by the presence of alcohol or drugs, you were not speeding and you were not distracted by such things as a radio or mobile telephone use.  They are factors when present that put this kind of offending in the upper range.  As I say they were not present here, nevertheless, I am of the view that your moral culpability for this offending falls towards the higher end of the lower range of this kind of offending.  Your counsel submitted that I not attach undue weight to the fact that your driving resulted in the death of Mr Waters in addressing the objective seriousness of your offending.  I reject that submission.  What you did was self-evidently dangerous and it resulted in the death of an innocent man.  I give that fact appropriate and proper weight.

20You have pleaded guilty to the charges, and that is to your credit.  By your pleas of guilty you have saved the time and cost of a trial and you have saved some of Mr Waters' family from having to give evidence reliving these events.  By your plea of guilty you have admitted responsibility for your crimes, and you have facilitated the administration of justice. 

21Here, the charges proceeded to this court by way of a hand-up brief.  I treat you as having pleaded guilty at the earliest possible opportunity.  Because you have pleaded guilty at the earliest possible opportunity the law provides that you are entitled to a reduction in sentence, and this will be reflected in the sentence that I will shortly pass.  I accept you are genuinely and profoundly remorseful for your offending.

22The Sentencing Act 1991 requires that in passing sentence I must take into account the impact of your offending on any victim. On the plea I received a number of victim impact statements from Mr Waters' wife Paula Waters, and from his son Kieran, and parents Maureen and Keith Waters, and Mr Waters' brother Stevan, and his friend Karen Gillett. These statements were either read by the makers of them or by the prosecutor.

23I found all of this evidence very moving.  I have re-read these documents in my chambers whilst giving consideration to these matters.  What comes through very clearly is that by your dangerous driving you caused the death of a husband, father, son, sibling and friend who was adored by all, who were privileged to have made his acquaintance.  You will have to live with the consequences of your actions for the rest of your life.

24The other obvious thing that comes through from this evidence is the extreme sense of grief and devastation caused to Colin Water’s immediate family, loved ones and friends.  The sense of loss, the sense of frustration, and the sense of bewilderment I think will last for a long time.  All of this comes through from the victim impact statements.  Unfortunately nothing that I can do in this court can ameliorate these feelings but I do take the impact on the victims into account in arriving at an appropriate sentence.

25I turn to some matters relating to your background and circumstances.  Your counsel filed a helpful written outline of submissions which includes a detailed chronology of significant events in your life.  Since the plea I have received yet another outline of written submissions from counsel on your behalf all of which I have had regard to.  Further, the prosecution also filed a written response to those submissions which I have also had full regard to.

26You were born in Iran on the 7^th February 1999.  You have an older brother who is eight years your senior.  Your parents were hardworking but your family were all members of the minority Ahwaz community.  You were born a Sunni Muslim and were persecuted by a majority Shia government in Iran.  As a result you had few freedoms and limited access to medical treatment.  You had limited formal schooling and you were not able to wear traditional clothing, pray or speak Arabic in public. 

27In May 2012 with your brother you left Iran by plane and travelled to Qatar for the purpose of seeking asylum.  Your family and friends assisted in smuggling you and your brother out of the country thereby putting their own lives at considerable risk.  After Qatar you and your brother flew to Indonesia where, via people smugglers, you boarded a boat and set off to Australia.  The boat was intercepted by Australian Border Force and you were taken to Christmas Island.  Later you were transferred into detention in Darwin where you stayed for 4 months.

28In 2013 you and your brother were settled in Tasmania and provided with government housing after being given Australian residency.  You commenced year 9 schooling and forced yourself to learn English.  Because you were different you were bullied and had difficulty making friends.

29In 2014 you and your brother moved to Melbourne. You attended year 10 at Glenroy College where you were again bullied and you undertook extra English classes.  Both of your parents died in Iran in 2014 within a few months of each other.  By this time you were 15 years of age.

30In 2015 aged 16 you commenced an apprenticeship in plumbing.  You completed a certificate 2 in plumbing pre-apprenticeship.

31In March 2018 you met your now partner Noor Bendak and you began working with your employer Daniel Pulis who treated you with respect.

32On 16^th July 2019, 8 days before the offending you had been notified that you would be made an Australian Citizen.  But then this offending occurred.  Your brother was made an Australian citizen on 14^th August of this year.  You could not attend as you were then still in custody on remand for this offending. 

33You were arrested and charged on the 24^th July 2019 and you served 42 days on remand as pre-sentence detention for this offending between 24^th July 2019 and the 3^rd of September 2019 when you were bailed to appear for plea on the 6^th November 2019.  As a young offender, with English as a second language, and never before having  been to prison, 42 days in an adult prison can only have been a salutary and daunting experience for you.  In passing sentence I have had regard to this fact.

34I adjourned the plea on the 6^th November part heard to enable a psychological report from Mr Newton to be prepared and I ordered a pre-sentence report as to your suitability to serve any sentence of custody in a Youth Justice Centre.

35Both of those reports have now been received.

36Mr Newton traced through your family background in considerable detail.

37At  paragraph 23 he said as follows:   'After being released from immigration detention, Mr Sameri and his brother initially travelled to Hobart where they remained for about a year.  They have subsequently settled in Melbourne.  Mr Sameri was granted Australian permanent residency in 2013 and was reportedly in the process of preparing his application for citizenship at the time of the collision.  He understands the potential implications of his charges for his immigration status and expressed severe anxiety both about the prospect of a return to immigration detention, and of potentially being repatriated to Iran. 
Mr Sameri's brother is now an Australian citizen.'

38I accept that the uncertainty of your immigration status and the prospect of being deported back to Iran after your release from custody will weigh heavily upon you making your time in custody more burdensome than for other prisoners.  That is especially so as you have limited family support in this country.

39Mr Newton thought you suffered considerably from anxiety and depression because of these matters that you are facing.  He added you were riddled with grief and remorse.  At paragraph 29 he said as follows:  'Mr Sameri reported that he had found the experience of the collision deeply disturbing, he described being overwhelmed with distress to have caused the death of another person, and I note that he expressed this openly and clearly within the course of his record of interview.  Mr Sameri said that his distress had increased during his period in remand.   He noted that he had found it difficult to adjust to remand and that he had not identified with other prisoners, feeling weary and frightened for much of his time in custody. 

40'Mr Sameri's Justice health file contains repeated references to his level of anxiety and depression whilst in custody.   He would document symptoms of rumination, lower mood, tearfulness, sleep disturbance and fear.  No overt  symptoms of panic are noted, nor are symptoms of post-traumatic stress disorder are recorded in any detail. 

41'Mr Sameri was prescribed the anti-depressant, Escitalopram, at the standard clinical dose, 10 milligrams.  He told  me that he has continued to take this medication since being released.  His dose was recently increased to 20 milligrams.'    

42Mr Newton’s opinion of you which I accept is that you suffer from an adjustment disorder with mixed anxiety and depressed mood.   At paragraphs 43 to 46, he said: 'Of particular concern Mr Sameri reported that he experiences regular bouts of intrusive suicidal ideation, while he disavowed any active intent to harm himself, denying access to means and stating that he had no plan to harm himself, and while he said that he intends to remain alive, I remain concerned that he is likely to be at an elevated risk for impulsive acts of self-harm.  The risk for such self-harm would be greatest in the time immediately following sentence, and particularly were the court to impose a custodial sentence upon him.  

43'Mr Sameri's symptoms caused him clear distress, they are not however sufficiently severe to meet criteria for either post-traumatic stress disorder or for a major depressive disorder. This is confined by the description of his symptoms contained within the Justice health file and by his presentation in his treatment with Mr Hanley.

44' In particular the fact that his anxiety is primarily focused on fear future events (such as return to prison or immigration detention and the prospect of repatriation to Iran), rather than past events (such as his childhood experiences).   I suggest that a diagnosis of post-traumatic stress disorder would not be appropriate in this case.  In my opinion the appropriate diagnosis in Mr Sameri's case is of an adjustment disorder with mixed anxiety and depressed mood.  This diagnosis indicates that his distress is the result of the impacts of a number of identifiable stressors rather than representing the outworking of a mental disorder per se, to be clear there is no indication to suggest that Mr Sameri's mental state at the time of the collision was affected by any mental disorder or similar condition.

45'Mr Sameri remains at risk for a deterioration of his mental state in the time surrounding sentence, in a particular he is considered particularly likely to internalise the punitive aspects of sentencing.  It would be important that he continues to have access to mental health care during this period and that appropriate precautions are taken to ensure that he is protected from impulsive acts of self-harm.'  

46Mr Newton’s opinion of you which I accept is that you suffer from an adjustment disorder with mixed anxiety and depressed mood.   In his concluding remarks, he said this:  'Mr Sameri presents as a young man who has faced a number of significant challenges in his life and who has been left deeply affected by these.  In particular the persecution to which he was subject to in his home land compounded by his experiences as a refugee have left significant emotional scars.  While he had begun to recover from these after settling in Australia, his involvement in this collision has rekindled the distress he experiences as well as adding an additional layer of concerns and upheaval to those which already beset him. 

47'As a result Mr Sameri is experiencing significant emotional turmoil and is deeply afraid of the challenges he sees before him.  Such comments not withstanding there are other elements which provide a basis for some guarded optimism in Mr Sameri's case.  In particular he has responded positively to treatment with Mr Hanley so that despite his evident distress he has not developed fully fledged post-traumatic stress disorder.

48'Beyond this Mr Sameri continues to enjoy the support of his brother, a committed partner a small group of close friends.  Further  he does not suffer any behavioural problems such as drug abuse, alcoholism or general disinhibition which would serve as criminogenic risk factors.  He has good work skills, and a supportive potential employer.  His accommodation is stabled and he is strongly motivated to continue with the process of addressing his issues.

49'Finally Mr Sameri experiences a profound state of remorse and shame, as a result he is committed to maintaining a positive lifestyle as a means of demonstrating the sincerity of his regret.  Mr Sameri's key rehabilitative need is for continued treatment to alleviate his anxiety and depression, in the event that he were at liberty we would be both willing and able to continue assist him by providing ongoing psychological treatment to him.

50'Mr Hanley informs me that they have developed a strong treatment alliance, he notes that while the fact that his case has remained outstanding has meant that program has been slow.  The indications are that Mr Sameri is well placed to benefit from further treatment. 

51'It would be uncontroversial to note that the options for treatment within a custodial environment are considerably more limited, in particular while there should be no impediment to Mr Sameri receiving ongoing medical assistance, the opportunities for him to receive counselling are considerably more limited .  In the event that the court should consider a custodial disposition to be necessary in this case, it would seem clear that Mr Sameri would have potential to benefit from a placement in a  Youth Justice Centre or similar youth specific context.

52The therapeutic and rehabilitative options would be considerably better in such a situation, and Mr Sameri could be placed within such settings without posing a risk to other young offenders.  I understand of course that matters beyond Mr Sameri's rehabilitative needs will also be pertinent to the determination of the court.'

53I accept the opinions of Mr Newton, and I am satisfied that because you suffer from anxiety and depression, that you will find your time in custody more burdensome than for most prisoners.  And I have taken all this into account in determining the kind of sentence that I will imposed. 

54I have concluded that you have excellent prospects for rehabilitation given the opportunity.  You are a young offender and the law in this state for a long time has been that in sentencing a young offender the primary emphasis is on the offender's rehabilitation.  This is an important consideration in this case, and in my view the sentencing submissions filed on your behalf do not place appropriate emphasis on this fact. 

55You are to be sentenced as a young offender who has no prior convictions whatsoever and, this offending aside, you have led a difficult and unblemished life.  I must have regard to your prospects for rehabilitation balanced against the need for the sentence to reflect general deterrence, denunciation and just punishment and the principles reflected in the cases that I have referred to above. 

56In his second submission your counsel submitted there is a need here for the sentence to also reflect a measure of mercy, having regard to your background and your mental health, and the factors referred to in the reports of both Mr Newton and the Pre-Sentence Report.  When appropriate in all the circumstances of a case a sentence can and should reflect a measure of mercy.  In my judgment this is such a case.    

57The Sentencing Act also permits a young offender who has been assessed as suitable to serve a custodial sentence in a Youth Justice Centre.  It was properly accepted by the prosecution that such a disposition was available in all of the circumstances of this case.  To that end I had you assessed as to suitability for such a disposition and you have been assessed as suitable.

58The Pre-Sentence Report of Mr Gene Bell and Ms Bridget McGeogh, inter alia, the following is found by way of recommendation:  'Mr Sameri is a 20 year old male who was currently living in a shared house environment with his brother in the north-west suburb of St Albans.  Mr Sameri previously engaged in full-time employment as an apprentice plumber, prior to the time of the offence, and following his release on bail. 

59'Although Mr Sameri returned to full time work when granted bail, he struggled to maintain his daily routine and reside from his position in order to better manage his mental health.  He also engaged in psychological treatment whilst on bail.  There is no doubt that Mr Sameri meets every aspect of the assessment criteria for a Youth Justice Centre order.   Should Mr Sameri continue to engage in the therapeutic treatment relating to the grief and shame associated to his offending, the multiple layers of trauma including personal experiences as a refuge, immigration detention, incarceration and grief, loss of family members, I believe he prospects for rehabilitation over the medium to long term an excellent.  He has demonstrated a range of positive indicators to support this view including a willingness to engage in such treatment.  A positive and well established work ethic, pro-social attitudes and the continued support of his brother Hussein Sameri and partner Noor Bendak.

60'Mr Sameri presented as an emotional immature young man in interview and appeared to be particularly naive in terms of criminality.  He did not present with anti-social or pro-criminal attitudes, rather Mr Sameri appeared to be a community minded hard working, shy but friendly young man.  He expressed deep remorse that was clearly mixed with emotional distress, shame, fear and experiences of trauma.

61'The psychological assessment report of Patrick Newton dated 19 November 2019, describes Mr Sameri as being an emotional vulnerable young man.  This was also the opinion of Ms Anne Hooker, co-ordinator of Penhyn unit, youth unit, Port Phillip Prison, whilst Mr Sameri was placed on remand in her unit.

62'Mr Sameri presented as a impressionable young male who entered the adult remand system with no prior adult or youth justice history, an absence of substance use, experimentation, and is most definitely not a streetwise individual.

63'In my view Mr Sameri could continue to be particularly impressionable, immature and likely to be subject to undesirable influences if he were to be placed in an adult prison setting, and to a lesser extent a Youth Justice Centre.  I also note the recommendations of Mr Newton, of ensuring appropriate precautions are engaged in in relation to the potential risk of self-harm post sentence.  Such precautions are imbedded in the induction process upon entering the Youth Justice Centre, however I have alerted the appropriate services within Youth Justice to address these concerns should Mr Sameri receive a Youth Justice centre order.'

64Accordingly, I will sentence you and act on the recommendations of
Mr Gene Bell who carried out the Pre-Sentence Assessment, and of
Mr Newton whose report I accept, I will sentence you to a custodial sentence to be served in a Youth Justice Centre.

65This brings me to the question as to how long that sentence should be.

66In his most recent submission your counsel submitted that I should impose a sentence of less than 12 months which he submitted would not result in you being declared as having a substantial criminal record by the delegate of the Minister for Immigration within the relevant provisions of the Migration Act 1958 (Cth)  .

67Section 501(3A)(b) of that Act provides that The Minister for Immigration must cancel any Visa granted to a person if certain conditions are satisfied.  One of those conditions is if a person does not pass the character test.  By operation of s. 501(6)(a) a person does not pass the character test if a person has a substantial criminal record. For these purposes, a person has a substantial criminal record if the person has been sentenced to a term of imprisonment of 12 months or more.  I note that by s. 501CA of the Act, on application the Minister has a residual discretion to cancel any decision to cancel a Visa. See generally the Court of Appeal decision in Konamala v R [2016] VSCA 48.

68I accept that upon completion of any sentence because of the provisions of the Migration Act, and subject to the discretion reposed in the Minister, you are liable to be deported to your homeland in Iran from which you fled as a refugee.  And I accept that the prospect of your probable deportation will weigh heavily upon you in custody as a young offender making your time in custody more burdensome.  This is especially so in view of the fact you are from a foreign country, English is your second language, and I accept you will generally find your time in custody, even in a Youth Justice Centre, very difficult. 

69In placing you in custody I am conscious you will be separated from your partner and brother and this will be harder for you than for most other detainees.  They are your only family here.  In passing sentence I have taken all of these factors into account as I must, together with your background of hardship and deprivation and your profound remorse and your mental state.

70In my remarks above, I said that I am of the opinion that your moral culpability for the offending in charge 1 falls towards the upper end of the lower range for that offence and that your moral culpability cannot be adjudged as low.  Your counsel submitted that I should impose a merciful sentence having regard to the impact which your incarceration and likely deportation following your release will have on your brother and partner.  I understand the reasons why such a submission has been made but in my view there are not exceptional circumstances here such that I should take any impact of your sentence upon your brother or partner into account.

71Above all, I must impose a sentence that is just punishment and that is fair having regard to all of the facts and circumstances of the case.  In passing sentence I have endeavoured to do that.  In my judgement your offending is too serious not to impose a non-custodial sentence but the sentence I impose must have proper regard to your prospects for rehabilitation (which I regard as excellent) and how to achieve that outcome.  I have concluded that a short custodial term in a Youth Justice Centre will best achieve all of the purposes of sentencing in this difficult case. 

72In fixing the term of the custodial sentence I have not sought to artificially reduce the sentence to bring it below 12 months in order to ensure you are not deported upon your release.  Rather, I have reached the conclusion that the length of the sentence I will impose is the best way of ensuring your rehabilitation as a young offender. In my judgement your chances of a full rehabilitation are best enhanced by imposing such a disposition which will enable you to receive counselling and treatment for your mental health.  Nothing I can do unfortunately can wind back the clock and bring back
Mr Waters.  I can only impose just punishment in all of the circumstances and applying appropriate sentencing principles.  The sentence I will now impose seeks to achieve that outcome. 

73On the charges of dangerous driving causing death (Charge 1) you are convicted and sentenced to a term of imprisonment of ten (10) months to be served in a Youth Justice Centre.

74On the charge of leaving the scene of an accident where a person was killed (Charge 2) you are convicted and sentenced to a term of imprisonment of six (6) months to be served in a Youth Justice Centre.

75The sentences on both charges are to be served concurrently.

76I direct that 42 days be reckoned as having been already served of the sentences passed this day, be entered into the records of the Court and be deducted administratively.

77I direct that any licence that you hold to drive a motor vehicle be cancelled, and that you be disqualified from holding a licence for a period of two (2) years from this date.

78For the purposes of s. 6AAA of the Act, I state that had it not been for your pleas of guilty to the charges I would have imposed a sentence of imprisonment of three years and I would have fixed a non-parole period of two years.

79Any questions arising out of that?

80MS HAMILL:  No, Your Honour.

81HIS HONOUR:  Mr de Kretser?

82MR de KRETSER:   No.  As Your Honour pleases.

83HIS HONOUR:  Very well, would you remove Mr Sameri, please.