Police v Curkovic

Local Court of New South Wales

CITATION:	Police v Curkovic [2008] NSWLC 1
JURISDICTION:	Criminal
PARTIES:	Police Curkovic
FILE NUMBER:
PLACE OF HEARING:	Downing Centre
DATE OF DECISION:	01/16/2008
MAGISTRATE:	Chief Magistrate G L Henson
CATCHWORDS:	Negligent driving occasioning death - plea of guilty - good character
LEGISLATION CITED:	Road Transport (Safety and Traffic Management) Act 1999 Crimes (Sentencing Procedure) Act 1999 Road Transport (General) Act 2005
CASES CITED:	Siganto –v- The Queen (1998) 194 CLR R –v- Thomson & Houlten (2000) 49 NSWLR 383 Veen –v- The Queen (No.2) (1988) 164 CLR 465 R –v- King (2004) 150 A Crim R 409 Markarian –v- The Queen (2005) 79 ALJR 1048 R –v- Jurisic (1998) 45 NSWLR 209 R –v- Whyte (2002) 55 NSWLR 252 R –v- Way (2004) 60 NSWLR 168 ATG DPP –v- Cooke [2007] NSWCA 2 R –v- Zamagias [2002] NSWCCA17 R –v- Pyritz (1998) 29 MVR 90 R –v- Foster (2001) 33 MVR 565
TEXTS CITED:
REPRESENTATION:
ORDERS:

The Facts

1. On 17th July 2007 the offender was driving a large lorry towards the intersection of Botany Road and McEvoy Street Waterloo. Traffic control lights manage the passage of motor vehicles and pedestrians through and across this intersection.

2. Shortly before midday the victims, 3-year-old Jessica De Andrade and her Mother Somsri Phongsuphawech alighted from a bus that stopped on the eastern side of Botany Road some 40 metres from the intersection with McEvoy Street. At the intersection the pedestrian crossing walk lights turned to green. At the same time the traffic lights controlling the movement of traffic in McEvoy Street turned to green. At the time the offender had stopped in McEvoy Street intending to make a left hand turn into Botany Road.

3. For all intents and purposes Ms. Phongsuphawech who was carrying her daughter in her arms and the offender moved off in response to their respective green lights at the same time. The intended direction of travel by the offender required him to turn left around the corner of the intersection and across the area provided for traffic light controlled movement of pedestrians. It is clear from the offender’s plea of guilty that he failed to observe either that a green pedestrian walk sign had been activated putting him on notice that pedestrians may be in his immediate vicinity or that Ms. Phongsuphawech and her daughter were crossing the road. The offender completed his left hand turn and his lorry struck both victims causing them to fall to the ground in front of the lorry and for it to pass over them. As a result of the impact Jessica Andrade was killed and her mother suffered serious and enduring injury.

4. On 7th August 2007 Police issued a Court Attendance Notice against the offender for the offence of Negligent Driving contrary to the provisions of Section 42(1) of the Road Transport (Safety and Traffic Management) Act 1999. In circumstances where as a result of the act of negligent driving results in the…