Legal Research
Cases
R v Minna

R v Minna

Case [2013] NSWDC 104 25 March 2013

Type to search within this case.

District Court

New South Wales

Medium Neutral Citation: R v Minna [2013] NSWDC 104
Hearing dates: 22 March 2013
Decision date: 25 March 2013
Before: Hoy SC DCJ
Decision:
For offences of dangerous driving occasioning death and drive manner danger sentenced to 2 years, 3 months imprisonment with non-parole period of 9 months and parole period of 1 year 6 months.

Catchwords: CRIMINAL LAW
Legislation Cited: Crimes Act 1900; Crimes (Sentencing Procedure) Act 1999; Road Transport (General) Act 2005
Cases Cited: R v Veen (No 2) (1988) 164 CLR 465
Markarian v R (2005) 228 CLR 357
R v Borkowski (2009) 195 A Crim R 1
R v Thomson & Houlton (2000) 49 NSWLR 383
R v Thomas [2007] NSWCCA 269
R v Jurisic (1998) 45 NSWLR 209
R v Whyte (2002) 55 NSWLR 252
R v Errington (2005) 157 A Crim R 553
R v Khatter [2000] NSWCCA 32
R v Berg [2004] NSWCCA 300
R v Pisciuneri [2007] NSWCCA 265
R v Dutton [2005] NSWCCA 248
R v Nguyen [2008] NSWCCA 113
R v Rushby [1977] 1 NSWLR 594
R v Muldrock (2011) 244 CLR 120
The Queen v Di Simoni (1981) 147 CLR 383
Hili and Jones v The Queen (2010) 242 CLR 520
Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194
Holahan v R [2012] NSWCCA 105
R v Begbie (2001) 124 A Crim R 300
R v Previtera (1997) 94 A Crim R 76
R v Bollen (1998) 99 A Crim R 510
R v Dang [1999] NSWCCA 42
R v Howcher (2004) 146 A Crim R
R v Caristo [2011] NSWCCA 7
R v Fidow [2004] NSWCCA 172
Category: Sentence
Parties: Regina (Crown)
Mattia Minna (Offender)
Representation: Ms Adamson (Director of Public Prosecutions)
Mr Maisner (Offender)

File Number(s): DC 2012/182418
Publication restriction: None

sentence

HIS HONOUR: This is a tragic case. The Offender, Mattia Minna, a young man from Genoa, Italy visiting Australia as a tourist, appears before me today for sentence having adhered to his plea of guilty to an offence against the provisions of s 52A(1)(c) of the Crimes Act 1900 in that he on 9 June 2012 at Euston in the State of New South Wales did drive a vehicle, to wit YEO 747 Victoria when it was involved in an impact occasioning the death of Carollynne Olivie, and at the time of impact the said Mattia Minna was driving the vehicle in a manner dangerous to other persons.

He initially pleaded guilty before the Local Court Balranald on 7 November 2012. He was then committed for sentence before this Court sitting at Griffith. The matter, for various reasons, none of which were the fault of the Offender, did not proceed on those allocated sittings. Accordingly, the matter was listed before me at the commencement of these sittings and the sentence hearing allocated for last Friday, 22 March 2013. The sentence hearing then proceeded but submissions did not conclude until after 4pm. Accordingly, I continued the Offender's…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Minna

Details

AGLC: R v Minna [2013] NSWDC 104
Case: [2013] NSWDC 104
Decision Date: 25 March 2013

CaseChat Overview and Summary

The matter of R v Minna came before the court, involving the appellant, Minna, who was convicted of dangerous driving occasioning death and driving in a manner dangerous. The case was heard in the higher court following an appeal against the sentence imposed. The central issue revolved around the severity of the sentence and whether it was appropriate given the circumstances of the offence. The court needed to determine if the sentence was proportionate to the gravity of the crimes committed.

The court examined the principles of sentencing in criminal cases, particularly focusing on the principles of deterrence, retribution, and rehabilitation. It considered the appellant's personal circumstances, including her lack of prior convictions and her cooperation with authorities, against the gravity of the offence, which resulted in the death of another person. The court also weighed the need to protect the community from such dangerous driving.

After considering the arguments and the applicable legal principles, the court concluded that the original sentence was unduly lenient. It increased the sentence to two years and three months imprisonment, with a non-parole period of nine months and a parole period of one year and six months. The court believed this sentence was more aligned with the principles of justice and the need to deter similar offences in the future. The appeal was dismissed, and the revised sentence was upheld.

Orders

Orders of the court

For offences of dangerous driving occasioning death and drive manner danger sentenced to 2 years, 3 months imprisonment with non-parole period of 9 months and parole period of 1 year 6 months.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Citations

AGLC Citation

R v Minna [2013] NSWDC 104

Most Recent Citation

R v Grant (No 2) [2022] NSWDC 46

Cases citing this decision · 1 of 1 shown

R v Grant (No 2)
[2022] NSWDC 46 Para 172

…R v Minna [2013] NSWDC 104 was a case involving one charge of dangerous driving causing death. It involved a car driven by an offender described as a young tourist from Italy with 4 other passengers. The deceased was sitting in the back and was the only one with no seatbelt. Each of the persons in the car had atten…

View all 1 citing cases →

Cases cited in this decision · 21 of 21 shown

Holohan v The Queen
[2012] NSWCCA 105 Para 1

…comments of Simpson J in Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 at [303] - [305], and as later confirmed in Holahan v R [2012] NSWCCA 105, statistics assist by establishing the range of sentences imposed. They do not confirm that range as a correct range or that the upper and lower limi…
Muldrock v The Queen
[2011] HCA 39 Para 1

…As confirmed by the High Court in Muldrock (2011) 244 CLR 120 at [18] this includes the preservation of the entire body of judicially developed sentencing principles which constitute "law" for the purposes of s 21A(1) and (4). I am therefore permitted to take into account all factors under the common law that are rel…
Caristo v R
[2011] NSWCCA 7 Para 1

…A finding of special circumstances is a discretionary finding of fact. Please see Caristo v R [2011] NSWCCA 7. I am also mindful of that which was stated by the former CJ Spigelman in R v Fidow [2004] NSWCCA 172 at [20]:…
Hili v The Queen
[2010] HCA 45 Para 1

…Statistics are of limited assistance. In accordance with the judgment of the High Court in Hili and Jones v The Queen (2010) 242 CLR 520 at [54] which adopted the comments of Simpson J in Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 at [303] - [305], and as later confirmed in Holahan v R [2012…
DPP (Cth) v De La Rosa
[2010] NSWCCA 194 Para 1

…n Hili and Jones v The Queen (2010) 242 CLR 520 at [54] which adopted the comments of Simpson J in Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 at [303] - [305], and as later confirmed in Holahan v R [2012] NSWCCA 105, statistics assist by establishing the range of sentences imposed. They do…
Regina v Nguyen
[2008] NSWCCA 113 Para 1

…ntencing guideline is to be treated as a reference point rather than a starting point. Again please see R v Errington at [36] and [50]. In R v Nguyen [2008] NSWCCA 113 the Court stated at [48] reference to the head sentence of three years in Whyte was not prescriptive in all the circumstances and whilst not being ex…
R v Thomas
[2007] NSWCCA 269 Para 1

…early plea entitles me to reduce the sentence to lower than the suggested range. Please see R v Thomson & Houlton (2000) 49 NSWLR 383 and R v Thomas [2007] NSWCCA 269. Please see [161] and [26] respectively.…
R v Pisciuneri
[2007] NSWCCA 265 Para 1

…In R v Pisciuneri [2007] NSWCCA 265 it was confirmed at [75]:…
R v Whyte
[2006] NSWCCA 75 Para 1

…The guideline judgments of R v Jurisic (1998) 45 NSWLR 209 and R v Whyte (2002) 55 NSWLR 252 apply to offences against s 52A of the Crimes Act 1900, that is, dangerous driving occasioning death or grievous bodily harm.…
R v Dutton
[2005] NSWCCA 248 Para 1

…elt. The deceased was not wearing a seatbelt. Conduct of the victim has been considered by the New South Wales Court of Criminal Appeal in R v Dutton [2005] NSWCCA 248 where at [35] the Court considered it inappropriate to regard the conduct of a victim as mitigating the driver's criminal behaviour by putting the pu…
Markarian v The Queen
[2005] HCA 25 Para 1

…. This also includes, of course, the application of a process of intuitive or instinctive synthesis as also identified in cases such as Markarian v R (2005) 228 CLR 357 at [51].…
R v Berg
[2004] NSWCCA 300 Para 1

…In R v Berg [2004] NSWCCA 300 Howie J stated at [21]:…
R v Fidow
[2004] NSWCCA 172 Para 1

…retionary finding of fact. Please see Caristo v R [2011] NSWCCA 7. I am also mindful of that which was stated by the former CJ Spigelman in R v Fidow [2004] NSWCCA 172 at [20]:…
R v Begbie
[2001] NSWCCA 206 Para 1

…must consider them in light of the law of this State. I accept the submission as both Crown and defence agree, as to the view expressed by Sully J in R v Begbie (2001) 124 A Crim R 300 at [58]:…
R v Thomson; R v Houlton
[2000] NSWCCA 383 Para 1

…Furthermore, the early plea entitles me to reduce the sentence to lower than the suggested range. Please see R v Thomson & Houlton (2000) 49 NSWLR 383 and R v Thomas [2007] NSWCCA 269. Please see [161] and [26] respectively.…
R v Khatter
[2000] NSWCCA 32 Para 1

…I am also assisted by the observations of Simpson J in R v Khatter [2000] NSWCCA 32:…
R v Rushby
[1999] NSWCCA 104 Para 1

…every case will vary. Due weight must be given to the objective circumstances. Again I refer to R v Veen (No 2) , Mill (1988) 166 CLR 59, and Rushby (1977) 1 NSWLR 594.…
R v Dang
[1999] NSWCCA 42 Para 1

…act of his misconduct and its consequences. I refer of course to R v Previtera (1997) 94 A Crim R 76, R v Bollen (1998) 99 A Crim R 510, and R v Dang [1999] NSWCCA 42. The Court views the presentation of the victim impact statements as a compelling reminder of what follows for families who suffer the ultimate unfat…
Mill v The Queen
[1988] HCA 70 Para 1

…and the subjective features of every case will vary. Due weight must be given to the objective circumstances. Again I refer to R v Veen (No 2) , Mill (1988) 166 CLR 59, and Rushby (1977) 1 NSWLR 594.…
Veen v The Queen (No 2)
[1988] HCA 14 Para 1

…rved for those cases which can be properly characterised as falling within the worst category. The punishment must fit the crime (see R v Veen (No 2) (1988) 164 CLR 465). I take this and other established sentencing practices, both at common law and under the legislation, including reference to those matters identifi…
R v De Simoni
[1981] HCA 31 Para 1

…the offence and I am ensuring in so doing the Offender is not punished for an offence for which he has not been convicted. See The Queen v Di Simoni (1981) 147 CLR 383. In so doing I am entitled to consider all the conduct of the Offender including those matters which may aggravate the offence, but I do not take int…

Legislation cited in this decision · 4

Crimes (Administration of Sentences) Act 1999 (NSW)
1 mention (from Para 1)
Crimes (Sentencing Procedure) Act 1999 (NSW)
1 mention (from Para 1)
Crimes Act 1900 (ACT)
1 mention (from Para 1)
Road Transport (General) Act 2005 (NSW)
1 mention (from Para 1)

Medium Neutral Citation:	R v Minna [2013] NSWDC 104
Hearing dates:	22 March 2013
Decision date:	25 March 2013
Before:	Hoy SC DCJ
Decision:	For offences of dangerous driving occasioning death and drive manner danger sentenced to 2 years, 3 months imprisonment with non-parole period of 9 months and parole period of 1 year 6 months.
Catchwords:	CRIMINAL LAW
Legislation Cited:	Crimes Act 1900; Crimes (Sentencing Procedure) Act 1999; Road Transport (General) Act 2005
Cases Cited:	R v Veen (No 2) (1988) 164 CLR 465 Markarian v R (2005) 228 CLR 357 R v Borkowski (2009) 195 A Crim R 1 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Thomas [2007] NSWCCA 269 R v Jurisic (1998) 45 NSWLR 209 R v Whyte (2002) 55 NSWLR 252 R v Errington (2005) 157 A Crim R 553 R v Khatter [2000] NSWCCA 32 R v Berg [2004] NSWCCA 300 R v Pisciuneri [2007] NSWCCA 265 R v Dutton [2005] NSWCCA 248 R v Nguyen [2008] NSWCCA 113 R v Rushby [1977] 1 NSWLR 594 R v Muldrock (2011) 244 CLR 120 The Queen v Di Simoni (1981) 147 CLR 383 Hili and Jones v The Queen (2010) 242 CLR 520 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 Holahan v R [2012] NSWCCA 105 R v Begbie (2001) 124 A Crim R 300 R v Previtera (1997) 94 A Crim R 76 R v Bollen (1998) 99 A Crim R 510 R v Dang [1999] NSWCCA 42 R v Howcher (2004) 146 A Crim R R v Caristo [2011] NSWCCA 7 R v Fidow [2004] NSWCCA 172
Category:	Sentence
Parties:	Regina (Crown) Mattia Minna (Offender)
Representation:	Ms Adamson (Director of Public Prosecutions) Mr Maisner (Offender)
File Number(s):	DC 2012/182418
Publication restriction:	None