R v Balla

Case [2021] NSWDC 487


District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v Balla [2021] NSWDC 487
Hearing dates: 4 June & 5 July 2021
Date of orders: 5 July 2021
Decision date: 05 July 2021
Jurisdiction:Criminal
Before: DCJ Hanley SC
Decision:

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

Legislation Cited:

Crimes Act 1900 s 52A(2)

Crimes (Sentencing Procedure) Act 1999 s 3A,

s 21A(2), 525D(2)(a),

Crimes (Administration of Sentences) Regulation 2014, r 189

Road Transport Act2013 s 205, 206A

New South Wales Road Rules 2014, r 151.1, 313-2 and 146

Cases Cited:

R v Jurisic (1998) 45 NSWLR 209

R v Whyte (2002) 55 NSWLR 252

Kerr v R [2016] NSWCCA 218

R v Janceski [2005] NSWCCA 288

R v Whelan [2004] NSWCCA 379

R v Errington (2005) 157 A Crim R 553

R v Khatter [2000] NSWCCA 32

Markham v R [2007] NSWCCA 295

Moodie v R [2020] NSWCCA 160

Duncan v R [2012] NSWCCA 78

R v Nguyen [2008] NSW CCA 133

Thompson [2007] NSWCCA 299

R v Williams [2014] NSWCCA 200

McKinnon v R [2020] NSWCCA 106

Moodie v R [2020] NSWCCA 160

De Groot [2016] NSWCCA 93

Cvetjovski [2019] NSWCCA 100

Gardiner [224] NSWCCA 365

Mina Nashed [2010] NSWCCA 282

Bessant [2003] NSWCCA 388

Preston [2011] NSWCCA 25

Barnett v R [2014] NSW CCA 296

Morabito [2007] NSWCCA 126

Clampitt-Wotton [2002] NSWCCA 383

Tinker [2019] NSWDC 427

Tomson [1999] NSWCA

Pisciuneri [2007] NSWCCA 265

Whelan [2012] NSWCCA 147

Townsend [2010] NSWCCA 336

R v Y [2002] NSWCCA 19

Gagliano [2020] NSWDC 359

Raymond [2019] NSWDC 679

Boctor [2020] NSWDC

R v Pullen [2018] NSWCCA 264

Category:Sentence
Parties: 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

  1. 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.

  2. 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

  1. On that occasion, the Crown tendered the following:

Exhibit A, a Crown bundle including a statement of agreed facts, the offender’s criminal antecedents…

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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

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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