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
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Georges Youssef Geagea, you appear for sentence today in relation to two offences.
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The first offence is dangerous driving occasioning death. This involves a contravention of s 52A(1)(c) of the Crimes Act.
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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.
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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.
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The maximum penalty for this offence is also 10 years imprisonment and, again, there is no standard non-parole period.
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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.
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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.
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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.
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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.
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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.
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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.
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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…
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- AGLC
- R v Geagea [2019] NSWDC 345
- Case
- [2019] NSWDC 345
- Decision Date
CaseChat Overview and Summary
The court considered the severity of the defendant's actions, which resulted in the death of the victim, and the absence of remorse displayed by the defendant. The court also examined the principle of proportionality in sentencing, and the need for deterrence and denunciation in cases involving dangerous driving. After careful consideration, the court found that the special circumstances of the case warranted a variation from the usual sentencing ratio, and imposed an aggregate term of imprisonment of 6 years and 6 months, with a non-parole period of 4 years and 2 months.
The court held that the sentence should reflect the seriousness of the offence, while also taking into account the defendant's background and circumstances. The court concluded that the sentence imposed was appropriate in the circumstances, and represented a fair and just outcome for all parties involved. The final order of the court was that the defendant be imprisoned for a total term of 6 years and 6 months, with a non-parole period of 4 years and 2 months.
Orders
Orders of the court
Aggregate term of imprisonment of 6 years 6 months with a non parole period of 4 years 2 months.
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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