R v Chris Lentini

[2020] NSWDC 132

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:	R v Chris Lentini [2020] NSWDC 132
Hearing dates:	12 March 2020; 1 April 2020; 22 April 2020
Date of orders:	22 April 2020
Decision date:	22 April 2020
Jurisdiction:	Criminal
Before:	Wilson SC DCJ
Decision:	Full time custodial sentence; compensatory orders. At [70] – [80]
Catchwords:	CRIME – sentence – vehicle collision – grievous bodily harm – failing to stop to give assistance – negligent driving and other offences – no remorse – no special circumstances
Legislation Cited:	Crimes Act 1900 NSW s52AB Crimes (Sentencing Procedure) Act 1999 NSW s3A Road Rules 2014 NSW s287 Road Transport Act 2013 NSW ss54, 146 & 117 Victims Rights and Support Act 2013 NSW s97
Cases Cited:	R v Pullen [2018] NSWCCA 264 Hoskins v R [2020] NSWCCA 18
Texts Cited:	None
Category:	Sentence
Parties:	Regina (Crown) Christopher Lentini (Offender)
Representation:	Solicitors: Ms H NG (ODPP) Ms V Barnsley (GTC Lawyers)
File Number(s):	2019/00033832
Publication restriction:	None

Judgment

1. Chris Lentini was born on 28 May 1987 and will soon be 33 years of age.

2. He appears before the Court today in relation to a primary offence, together with 2 related offences and 2 back-up offences, the latter to be withdrawn upon conviction.

3. All offences arise out of the same charge number (870882341) and relate to a specific event which occurred on 29 January 2019. By reference to the charge certificate (Exhibit A, Tab C), the following are the charges:

1. Count 1 – contravention of s52AB of the Crimes Act 1900 NSW, arising from the fact that on 29 January 2019 the Offender was involved in a motor vehicle accident, causing grievous bodily harm to Calvin Pullen (Mr Pullen), and at the time the Offender ought to have reasonably known that the impact had occasioned grievous bodily harm or death, and subsequently did fail to stop and give necessary assistance. This charge carries a maximum period of imprisonment of 7 years, together with an automatic disqualification of 3 years;

2. Count 2 – this was a contravention of s146(1) of the Road Transport Act 2013 NSW, which is a backup charge to the same effect as Count 1, namely failing to stop and assist after impact causing injury. This charge will be dismissed upon conviction;

3. Count 3 – this relates to contravention of s54(1)(a) of the Road Transport Act, in that on the date specified, the Offender drove a motor vehicle on a road during a period of disqualification. This is a related offence for which the Offender is to be convicted and sentenced;

4. Count 4 – this is a contravention of s117(1)(b) of the Road Transport Act in that the Offender did negligently drive a motor vehicle upon a road occasioning grievous bodily harm. This offence carries a maximum penalty of 9 months imprisonment or 20 penalty units ($2,200) together with an automatic license disqualification of 3 years. This is a related charge for which the Offender will be convicted…