R v Geagea

[2019] NSWDC 345

District Court

New South Wales

Medium Neutral Citation:	R v Geagea [2019] NSWDC 345
Hearing dates:	21 June 2019
Decision date:	21 June 2019
Jurisdiction:	Criminal
Before:	Colefax SC DCJ
Decision:	Aggregate term of imprisonment of 6 years 6 months with a non parole period of 4 years 2 months.
Catchwords:	CRIME - SENTENCE - dangerous driving occasioning death - failing to stop and assist after a vehicle impact causing death - special circumstances to vary ratio of non parole to head sentence.
Legislation Cited:	Crimes Act 1900 (NSW): ss 52A(1)(c) and 52AB(1).
Cases Cited:	R v Whyte [2002] NSWCCA 343.
Category:	Sentence
Parties:	Regina (Crown) Georges Youssef Geagea (Offender)
Representation:	Mr Tunks (Crown Prosecutor) Mr Stanton (Counsel for the offender)
File Number(s):	2017/4507
Publication restriction:	Access to Exhibit B is not granted to the media.

​Judgment

1. Georges Youssef Geagea, you appear for sentence today in relation to two offences.

2. The first offence is dangerous driving occasioning death. This involves a contravention of s 52A(1)(c) of the Crimes Act. 

3. The maximum penalty for that offence is 10 years imprisonment.  There is no standard non‑parole period.  There is, however, a relevant guideline judgment of R v Whyte [2002] NSWCCA 343.

4. The second offence is failing to stop and assist after a vehicle impact causing death. This involves a contravention of s 52AB(1) of the Crimes Act. 

5. The maximum penalty for this offence is also 10 years imprisonment and, again, there is no standard non-parole period.

6. The facts surrounding your offending are contained in an agreed statement of facts and, slightly recast by me as to style but not substance, they are as follows.

7. Clarence Street, Condell Park is an ordinary suburban street. It is fairly wide and it does not have a lot of thoroughfare traffic.  The speed limit for that unremarkable suburban street is 50 kilometres an hour. 

8. Although the street is unremarkable it contains, amongst other things, the loving family of Zacharias Andreau.  He had been a hardworking man and, as a much beloved grandfather, was still working hard.  He had a close and loving family. 

9. On 28 December 2016, that is a few days after Christmas, Mr Andreau at about 4 o’clock in the afternoon left his house for the last time.  He crossed that street to where his utility van was parked and he opened the door.  There was no traffic on the road.  There were no adverse weather conditions.

10. You were driving your van along that road at a speed somewhere between 57 and 61 kilometres an hour and you collided with Mr Andreau and you killed him. 

11. The impact of the collision caused the offside door of Mr Andreau’s vehicle to be peeled forwards.  You must have therefore been driving within a matter of inches from the side of Mr Andreau’s vehicle. 

12. Why you collided with this man - whom you should have been able to see from a considerable distance away - is not the subject of any express…