Local Court
New South Wales
Medium Neutral Citation: Police v Chidiac [2022] NSWLC 20 Hearing dates: 15 November 2022 Date of orders: 21 November 2022 Decision date: 21 November 2022 Jurisdiction: Criminal Before: Donnelly LCM Decision: Defendant is sentenced to a term of sentence of 12 months imprisonment with a non-parole period of 8 months. The defendant is disqualified from driving for a period of 3 years.
Catchwords: Sentencing – s 117, Road Transport Act – negligent driving occasioning death – second and subsequent offence – negligent driving established where the defendant drove a motor vehicle in a manner involving a departure from the standard of care for other users of the road to be expected of the ordinary prudent driver in the circumstances – assessment of objective seriousness – degree of departure from the standard of care expected of the ordinary prudent driver in the circumstances informs the assessment of objective seriousness – purposes of sentencing – requirement of sentence to reflect the objective seriousness, general and personal deterrence, the need for rehabilitation, denunciation, accountability and harm to the victim – subjective matters – guilty plea – principle of proportionality – intensive correction orders – proportionality principle required a sentence of full-time imprisonment – appellate cases of Bonsu v R [2009] NSWCCA 316, R v Dodd (1991) 57 A Crim R 349, Douar v R [2005] NSWCCA 455; (2005) 159 A Crim R 154, R v McNaughton (2006) 66 NSWLR 566; [2006] NSWCCA 242 and Quinn v Cth DPP [2021] NSWCA 294 applied.
Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 5, 22, 26, 27, 28 30E, 32
Road Transport Act 2013 (NSW), s117
Cases Cited: Director of Public Prosecutions (NSW) v Yeo [2008] NSWSC 953
Douar v R [2005] NSWCCA 455; (2005) 159 A Crim R 154
Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29
GAS v The Queen; SJK v The Queen (2004) 217 CLR 198; [2004] HCA 22
King v The Queen (2012) 245 CLR 588
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
Nguyen v The Queen (2016) 256 CLR 656; [2016] HCA 17
Quinn v CthDPP [2021] NSWCA 294
R v Borkowski [2009] NSWCCA 102; (2009) 195 A Crim R 1
R v Campbell [2014] NSWCCA 102
R v Dodd (1991) 57 A Crim R 349
R v Jurisic (1998) 45 NSWLR 209; [1998] NSWSC 423
R v McNaughton (2006) 66 NSWLR 566; [2006] NSWCCA 242
R v Parente (2017) 96 NSWLR 633
R v Whyte (2002) 55 NSWLR 252; [2002] NSWCCA 343
The Queen v De Simoni (1981) 147 CLR 383; [1981] HCA 31
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- AGLC
- Police v Chidiac [2022] NSWLC 20
- Case
- [2022] NSWLC 20
- Decision Date
CaseChat Overview and Summary
The legal issues the court had to decide included the assessment of objective seriousness of the offence, the purposes of sentencing, and the application of the principle of proportionality to determine the appropriate sentence. The court also considered the defendant's guilty plea and the impact of the offence on the victim and their family.
The court found that the negligent driving was established as the defendant drove in a manner that departed from the standard of care expected of an ordinary prudent driver. The court noted that the degree of departure informed the assessment of objective seriousness. In determining the sentence, the court balanced the purposes of sentencing, including general and personal deterrence, the need for rehabilitation, denunciation, accountability, and harm to the victim. The court held that a sentence of full-time imprisonment was required due to the principle of proportionality, considering the appellate cases of Bonsu v R, R v Dodd, Douar v R, R v McNaughton, and Quinn v Cth DPP. The court ultimately sentenced the defendant to 12 months imprisonment with a non-parole period of 8 months and disqualified the defendant from driving for 3 years.
The court's decision reflects a careful consideration of the principles of sentencing and the specific circumstances of the case, ensuring that the sentence serves the objectives of punishment and deterrence while also considering the impact on the victim and the need for rehabilitation.
Orders
Orders of the court
Defendant is sentenced to a term of sentence of 12 months imprisonment with a non-parole period of 8 months. The defendant is disqualified from driving for a period of 3 years.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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