| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S CR 2017 0266
| THE QUEEN |
| v |
| MAIROWN SAHHITANANDAN |
---
JUDGE: | CHAMPION J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 18 July 2018 |
DATE OF JUDGMENT: | 18 September 2018 |
CASE MAY BE CITED AS: | R v Sahhitanandan |
MEDIUM NEUTRAL CITATION: | [2018] VSC 550 |
---
CRIMINAL LAW – Sentence – Dangerous driving causing serious injury – Victim sustained significant and enduring injuries – Mid to upper level of seriousness of offence of dangerous driving causing serious injury – Guilty plea – General deterrence, denunciation and punishment – Specific deterrence and protection of the community – Time spent in immigration detention – Pre-sentence detention – Deportation – Total effective sentence of two years and four months’ imprisonment with non-parole period of one year and six months.
---
APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr M Gibson SC Mr N Hutton | Office of Public Prosecutions |
| For the Accused | Mr M Dempsey | Stary Norton Halphen |
HIS HONOUR:
Mairown Sahhitanandan, on 15 May 2018, you pleaded guilty to one charge of driving a motor vehicle in a manner that was dangerous to the public, by which you caused serious injury to Katherine Sweeney, on 25 October 2016. The maximum penalty for committing this offence is five years’ imprisonment.
Circumstances of offending
At the time of your offending, you were 35 years of age and Ms Sweeney was aged 37.
In the early evening of 25 October 2016, Ms Sweeney and a second female complainant (‘the second complainant’), who was 14 years of age, were outside the Coles supermarket on Princes Highway in Dandenong. They approached a white 2006 Toyota Hiace van, which you owned but were not driving at that time. It was being driven by Mr Kandipan who was a friend of yours. You had been disqualified from driving in February 2016.
The two women spoke to you and Mr Kandipan. After some conversation, you all decided go for a drink together. You and Mr Kandipan went to the supermarket to purchase alcohol. With Mr Kandipan driving, the four of you then drove to a parkland area at the corner of Alsace Street and Alexander Avenue in Dandenong West. Shortly after arriving, you and the second complainant went into the parkland area [redacted]. At one point, the second complainant gave you her mobile telephone number, and you used your phone to call that number to check if it was correct. Police later observed a missed call from your telephone number on her phone.
[Redacted]
While you and the second complainant were in the park, Mr Kandipan called his friend, Iruthaythasab Amalautpavan, also known as ‘Temcy’. Mr Kandipan drove with Ms Sweeney to a nearby service station where he met up with Mr Amalautpavan, who was driving a Toyota Camry sedan. They returned in both vehicles to the park location, and parked near each other. Your van was parked with its front facing towards the park and the roadway behind.
You and the second…
Continue reading R v Sahhitanandan
Sign in free to access the full text
- AGLC
- R v Sahhitanandan [2018] VSC 550
- Case
- [2018] VSC 550
- Decision Date
CaseChat Overview and Summary
In addressing the appropriate sentence, the court considered the principles of general deterrence, denunciation, and punishment, as well as specific deterrence and the protection of the community. The court also took into account the time Sahhitanandan had already spent in immigration detention, his pre-sentence detention, and the possibility of deportation following his sentence. The court found that these factors, alongside the severity of the injuries sustained by the victim, warranted a sentence that adequately reflected the seriousness of the offence while also considering the unique circumstances of the accused.
The court determined that a total effective sentence of two years and four months’ imprisonment, with a non-parole period of one year and six months, was appropriate. This sentence balanced the need for general and specific deterrence with the protection of the community, while also considering the time already served by the accused and the potential for deportation. The court’s reasoning and outcome reflect a careful consideration of the various factors involved in sentencing for serious offences such as dangerous driving causing serious injury.
Orders
Orders of the court
Full text does not contain this section.
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.