ICO for 2 years with Home Detention Assessment and CSO
Catchwords:
CRIMINAL LAW – Sentence – Dangerous driving occasioning death - abandonment of responsibility - remorse shown - extra-curial punishment, public humiliation and vilification - effect on the offender - contumacious offending – impact of manner of deceased’s driving – impact of Covid-19 on hardship in custody – comparative sentences - Intensive Correction Order
Director of Public Prosecutions Mr Tommy Balla (Offender)
Representation:
Counsel: Ms M. Knowles Ms R. Khalilizadeh
Solicitors: Mr N. Angelovski Mr A. Roberts
File Number(s):
2020/00181856
SENTENCE
The offender Tommy Balla appears for sentence for an offence of dangerous driving occasioning death contrary to s 52A(1)(c) of the Crimes Act 1900 in that he drove in a manner dangerous to other person or persons. The offence has a maximum penalty of ten years imprisonment. There is no standard non-parole period.
The offence took place on 18 June 2020, Aaron Vidal was the victim. The offender was arrested on 18 June 2020 but has spent no time in custody. He pleaded guilty at the Local Court and was committed for sentence to the District Court at Parramatta on 18 June 2021. He appeared for a sentence hearing at this Court on 4 June 2021.
Crown Tender
On that occasion, the Crown tendered the following:
Exhibit A, a Crown bundle including a statement of agreed facts, the offender’s criminal antecedents…
Grounds of appeal
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
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Details
AGLC
R v Balla [2021] NSWDC 487
Case
[2021] NSWDC 487
Decision Date
CaseChat Overview and Summary
The case of R v Balla involved the defendant, Balla, who was charged with dangerous driving occasioning death. The case was heard in the relevant Australian court. The dispute centred around the appropriate sentence for Balla, considering various mitigating and aggravating factors, including his abandonment of responsibility, remorse shown, and the impact of extra-curial punishment, public humiliation, and vilification.
The legal issues before the court included determining the extent of Balla's remorse and the effect of the extra-curial punishment, public humiliation, and vilification he had experienced. Additionally, the court needed to consider the impact of the deceased's driving, the effect of Covid-19 on hardship in custody, and the appropriate comparative sentences for such an offence. The court also had to weigh the benefits of an Intensive Correction Order against other sentencing options.
The court found that Balla's remorse was genuine, and his punishment, public humiliation, and vilification had a significant effect on him. The court took into account the deceased's manner of driving and the impact of Covid-19 on the hardship in custody. After considering the relevant mitigating and aggravating factors, the court decided that an Intensive Correction Order for two years with Home Detention Assessment and a Community Service Order was the most appropriate sentence for Balla.
The court ordered Balla to complete an Intensive Correction Order for two years with Home Detention Assessment and a Community Service Order.
Orders
Orders of the court
ICO for 2 years with Home Detention Assessment and CSO