R v Janceski

Case [2005] NSWCCA 288


CITATION:

Regina v Janceski [2005] NSWCCA 288

HEARING DATE(S): 20/06/2005
 
JUDGMENT DATE: 


18 August 2005

JUDGMENT OF:

Spigelman CJ at 1; Hunt AJA at 2; Howie J at 41

DECISION:

1. Crown appeal is upheld and sentences are quashed. 2. In lieu, the following sentences are imposed (i) On the first count a total sentence of imprisonment for 4 years commencing on 11 February 2004 and concluding on 10 February 2008 with a non-parole period of 2 years commencing on 11 February 2004 and concluding on 10 February 2006. (ii) On the second count, a total sentence of imprisonment for 4 years commencing on 11 February 2005 and concluding on 10 February 2009 with a non-parole period of 2 years commencing on 11 February 2005 and concluding on 10 February 2007. 3. The respondent will be eligible for release on parole on 10 February 2007. 4. The disqualification of the respondent for 3 years is confirmed.

CATCHWORDS:

Criminal Law - Sentencing - Crown appeal - Sentence imposed after trial for two counts of dangerous driving causing death - car chase through suburban streets - impact caused by driver of other vehicle - concurrent sentences - insufficient weight given to culpability of respondent - appeal allowed - respondent resentenced.

LEGISLATION CITED:

Crimes Act 1900 - ss 51A, 52A
Crimes (Sentencing Procedure) Act 1999 - ss 3A, 21A

CASES CITED:

Regina v McMillan [2005] NSWCCA 28
Regina v Whyte (2002) 55 NSWLR 252
Pearce v The Queen (1998) 194 CLR 610
Vogel & Son Pty Ltd v Anderson (1968) 120 CLR 157
Regina v Tadrosse [2005] NSWCCA 145
Regina v Weldon (2002) 136 A Crim R 55
Regina v Price [2004] NSWCCA
Regina v Errington [1999] NSWCCA 18
Regina v Whelan [2004] NSWCCA 379
Regina v Jurisic (1998) 45 NSWLR 209
Regina v Musumeci (Court of Criminal Appeal, 30 October 1997, unreported)
Regina v Winchester (1992) 58 A Crim R 345
Regina v Salameh (Court of Criminal Appeal, 9 June 1994, unreported)
Regina v Holder & Johnston [1983] 2 NSWLR 245
Regina v CJP [2004] NSWCCA 188

PARTIES:

Regina v Darko Janceski

FILE NUMBER(S):

CCA 2004/2625

COUNSEL:

G. Smith SC with D. Arnott - Crown
H. Dhanji - Respondent

SOLICITORS:

S. Kavanagh - Crown
Murphy's Lawyers Inc - Respondent

LOWER COURT JURISDICTION:

District Court

LOWER COURT FILE NUMBER(S):

03/41/0098

LOWER COURT JUDICIAL OFFICER:

J B Phelan DCJ


                          2004/2625

                          SPIGELMAN CJ
                          HUNT AJA
                          HOWIE J

                          THURSDAY 18 AUGUST 2005
REGINA v DARKO JANCESKI
Judgment

1 SPIGELMAN CJ: I agree with Hunt AJA.

2 HUNT AJA: The respondent to this Crown appeal, Darko Janceski, was found guilty by Judge J B Phelan (sitting without a jury) on two charges of dangerous driving. The first charge was that he was driving a vehicle in a manner dangerous to other persons when that vehicle was involved in an impact with another vehicle occasioning the death of the driver of that other vehicle. The second charge was in the same terms and related to the death of…

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R v Janceski [2005] NSWCCA 288
Case
[2005] NSWCCA 288
Decision Date

CaseChat Overview and Summary

In the case of R v Janceski, the appellant appealed against the sentence imposed by the lower court following a trial where the respondent, Janceski, was found guilty of two counts of dangerous driving causing death. The incident involved a high-speed car chase through suburban streets, which culminated in a fatal collision with another vehicle. The lower court had imposed concurrent sentences, which the Crown deemed insufficient, particularly in light of the respondent's culpability. The appeal focused on the adequacy of the sentence given the severity of the respondent's actions.

The legal issues before the court were whether the sentence imposed was appropriate in the circumstances and whether the lower court had given insufficient weight to the culpability of the respondent. The Crown argued that the sentences were too lenient considering the gravity of the offences, particularly the dangerous nature of the driving and the resultant deaths. The defence, on the other hand, contended that the sentences were proportionate and took into account all relevant factors.

The court found that the lower court had not sufficiently considered the culpability of the respondent. The court acknowledged the dangerous and reckless nature of the driving, which directly led to the deaths of two individuals. Given the severity of the offences and the respondent's culpability, the court deemed the original sentences inadequate. Consequently, the appeal was allowed, and the respondent was resentenced to reflect the seriousness of the crimes committed. The court emphasised the need for sentences that appropriately reflect the gravity of such dangerous driving offences and their tragic consequences.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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