R v Gagliano

[2020] NSWDC 359

District Court

New South Wales

Medium Neutral Citation:

R v Gagliano [2020] NSWDC 359

Hearing dates:

3 June 2020

Decision date:

09 July 2020

Jurisdiction:

Criminal

Before:

Mahony SC DCJ

Decision:

Term of imprisonment to be served by way of Intensive Correction Order with conditions. For orders see [107]

Catchwords:

Dangerous driving causing death

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Road Transport Act 2013

Cases Cited:

Karout v R [2019] NSWCCA 253

Parente v R [2017] 96 NSWLR 633; [2017] NSWCCA 284

R v Davies [2000] NSWCCA 84

R v MacIntyre (1988) 38 A Crim R 135 at 139

R v Manok [2017] NSWCCA 232

R v Pullen [2018] NSWCCA 264

R v Whyte [2002] NSWCCA 343

Sahyoun v R [2020] NSWCCA 87

Thai v R [2009] NSWCCA 314

Whelan v R [2012] NSWCCA 147

Category:

Sentence

Parties:

Director of Public Prosecutions (Crown)
Antonino Gagliano (Offender)

Representation:

Counsel:
J O’Sullivan (Offender)

Solicitors:
K Owens (Crown)

File Number(s):

19/111216

Publication restriction:

Nil

remarks on sentence

1. The offender is to be sentenced in respect of one offence of dangerous driving occasioning death, drive manner dangerous, pursuant to s 52A(1)(c) of the Crimes Act 1900. The offence occurred on 1 April 2019 in circumstances described below.

2. The maximum penalty for the offence is 10 years imprisonment and there is no Standard Non-Parole Period proscribed.

3. The offender pleaded guilty and was committed for sentence from the Burwood Local Court on 18 December 2019. The sentence hearing took place on 3 June 2020.

The sentence hearing

4. The Crown Sentence Summary became Ex A. It included a Statement of Agreed Facts which may be summarised as follows.

5. Georges River Road at Croydon Park is a four lane main road that runs in an east-west direction, commencing at the T-intersection of Milton Street in the east. Milton Street, at that point, runs in a north-south direction with two marked lanes for traffic travelling north. The intersection is governed by three sets of traffic lights. For vehicular traffic travelling north along Milton Street, as they approach the intersection, drivers are faced with traffic lights on both the south-western and north-western corners of the intersection. Both sets of lights display both circular lights and left pointing arrow lights for traffic turning left into Georges River Road. A further set of lights is on the north-east corner of the intersection which displays circular lights only.

6. To cross Georges River Road at the intersection, there is a pedestrian crossing which is also controlled by standard pedestrian lights, i.e. green “walk” and red “don’t walk” signs. For traffic travelling north along Milton Street, intending to turn left onto Georges River Road, when the green pedestrian light is activated, it displays for a minimum of six seconds, while a red arrow light displays for six seconds for vehicles turning left into Georges River Road. Once the green pedestrian light ceases, a red pedestrian light flashes for 16 seconds and the left turning red arrow light for vehicles…