R v Abdulrahman

Case [2020] NSWDC 731


District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v Abdulrahman [2020] NSWDC 731
Hearing dates: 25 September 2020
Date of orders: 25 September 2020
Decision date: 25 September 2020
Jurisdiction:Criminal
Before: M L Williams SC DCJ
Decision:

An aggregate term of imprisonment of 6 years, 10 months with a non-parole period of 4 years, 6 months: [48].

Catchwords:

CRIME — Driving offences — Dangerous driving occasioning death 

SENTENCING — Aggravating factors — Breach of conditional liberty

SENTENCING — Plea of guilty

SENTENCING — Relevant factors on sentence — Circumstances of offence — Form 1 offences — General principles — Maximum penalty — Objective seriousness — Purposes of sentencing

SENTENCING — Subjective considerations on sentence — Mental illness — Drug addiction

Legislation Cited:

Children (Criminal Proceeding) Act 1987

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Drug Misuse and Trafficking Act 1985

Poisons and Thearpeutic Goods Act 1966

Cases Cited:

Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146

Cahyadi v R (2007) 168 A Crim R 41

Elkassir v The Queen [2013] NSWCCA 181

R v Jurasic (1998) 101 A Crim R 259

R v Whyte (2002)134 A Crim R 53

Smith v The Queen [2020] NSWCCA 181

Woodbridge v The Queen [2010] NSWCCA 185

Texts Cited:

Nil

Category:Sentence
Parties:

Regina (Crown)

Rabih Abdulrahman (Offender)
Representation:

Ms K Nightingale (Crown Prosecutor)

Mr P Lange (Counsel for the Offender)
File Number(s): 2019/279139
Publication restriction: STATUTORY NON PUBLICATION APPLIES
Pursuant to s 15A of Children (Criminal Proceeding) Act 1987, statutory non-publication applies to this matter in relation to the identity of the victim and any minor witnesses.

Judgment

  1. At about 8.30am on the morning of 6 September 2019, a 12 year old boy was walking to school at Hurstville. He was a Year 7 student at Sydney Technical High School. He was crossing a pedestrian crossing with the lights in his favour. The offender Rabih Abdulrahman, then aged 36, was driving a car which collided with him. He was a disqualified driver. He was driving at about 65km/h in a 40km/h zone. He drove through a red light and he drove with a number of illicit and non-prescribed substances in his blood, including methylamphetamine, which would have substantially impaired his driving ability.

  2. This leads to the offender pleading guilty to one count of manslaughter, contrary to s 18(1)(b) of the Crimes Act 1900, which carries a maximum penalty of 25 years imprisonment with no standard non-parole period, and one count of driving while disqualified which carries a maximum penalty of six months imprisonment.

  3. He pleaded guilty in circumstances justifying a 25% discount on a term of imprisonment. Mr Lange of counsel for the offender, concedes that there is no alternative to full-time custody. He was arrested on the day of the accident. An intensive corrections order was revoked leading to him being in custody for two months and 27 days. As a result of…

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AGLC
R v Abdulrahman [2020] NSWDC 731
Case
[2020] NSWDC 731
Decision Date

CaseChat Overview and Summary

In the case of R v Abdulrahman, the defendant was charged with dangerous driving occasioning death. The dispute was heard in a court of criminal jurisdiction in Australia. The central issue revolved around the appropriate sentence for the defendant, considering the aggravating factors, the breach of conditional liberty, and the plea of guilty. The court had to balance the objective seriousness of the offence with the subjective considerations, including the defendant's mental illness and drug addiction.

The legal issues before the court included determining the relevance of the defendant's breach of conditional liberty as an aggravating factor and assessing how the defendant's mental illness and drug addiction should influence the sentencing decision. The court also had to consider the maximum penalty for the offence and the purposes of sentencing, including deterrence, rehabilitation, and punishment. The plea of guilty was acknowledged as a mitigating factor, but the court had to weigh it against the aggravating factors to arrive at an appropriate sentence.

The court found that the breach of conditional liberty and the objective seriousness of the offence warranted a substantial sentence. However, the defendant's mental illness and drug addiction were significant mitigating factors. The court concluded that an aggregate term of imprisonment of 6 years and 10 months, with a non-parole period of 4 years and 6 months, was appropriate. This sentence aimed to balance the need for punishment and deterrence with the opportunity for rehabilitation.

The court ordered the defendant to serve an aggregate term of imprisonment of 6 years and 10 months, with a non-parole period of 4 years and 6 months. This decision reflected the court's consideration of both the aggravating and mitigating factors in the case.

Orders

Orders of the court

An aggregate term of imprisonment of 6 years, 10 months with a non-parole period of 4 years, 6 months: [48].

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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