Local Court
New South Wales
Medium Neutral Citation: R v Sarullah Mirzaie [2017] NSWLC 20 Hearing dates: 20 July 2017 Decision date: 15 September 2017 Jurisdiction: Criminal Before: Magistrate P Stewart Decision: 2 years imprisonment with non-parole period 14 months. Disqualification period 3 years.
Catchwords: CRIMINAL LAW - Particular offences - Driving offences - Dangerous driving – Grievous bodily harm – furious driving part of dangerousness – exceeding the speed limit – abandonment of responsibility as a driver – not momentary inattention – multiple victims – conditional liberty – poor driving record – matters on Form 1 – bonds revoked – need for general deterrence – need for specific deterrence – severe injury requires retribution in sentencing – special circumstances Legislation Cited: Crimes Act 1900 (NSW) ss 52A(3), 53
Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 21A(2)(j)
Road Transport Act 2013 (NSW) s 205(2)(d)Cases Cited: Gonzalez v R [2006] NSWCCA 4
R v Borkowski [2009] NSWCCA 102
R v Campton [2004] NSWCCA 56
R v Christoff [2003] NSWCCA 52
R v Doan (2000) 50 NSWLR 115
R v Dodd (1991) 57 A Crim R 349
R v Dunlop [2001] NSWCCA 435
R v Dutton [2005] NSWCCA 248
R v Errington (2005) 157 A Crim R 553
R v Gardiner [2004] NSWCCA 365
R v Janceski [2005] NSWCCA 228
R v Jurisic (1998) 45 NSWLR 209
R v Khatter [2000] NSWCCA 32
R v Rushby [1977] 1 NSWLR 594
R v Slattery (1996) 90 A Crim R 519
R v Smith (1997) 95 A Crim R 373
R v Taylor [2000] NSWCCA 442
R v Thompson; R v Houlton [2000] NSWCCA 309
R v Tzanis (2005) 44 MVR 160
R v Whyte [2002] NSWCCA 345
R v Y [2002] NSWCCA 191
R v Zamagias [2002] NSWCCA 17
The Queen v Olbrich [1999] HCA 54Texts Cited: M M G Britts, Traffic Law (NSW) (Lawbook Co, 9th ed, 2008) Category: Sentence Parties: NSW Police
Sarullah Mirzaie (defendant)Representation: Solicitors:
Sgt Kirby, Police Prosecutor (for the prosecution)
Mr T Seeney (solicitor) (for the defendant)
File Number(s): 2016/00199450
Sentencing Remarks
The Charges and the Pleas
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The offender, Sarullah MIRZAIE, pleaded guilty to Dangerous Driving Occasioning Grievous Bodily Harm contrary to s.52A(3) of the Crimes Act 1900 (NSW). The victim is Paula Simon.
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He asks that three further counts, namely two further counts of Dangerous Driving Occasioning Grievous Bodily Harm (seq.1 victim Alyssa Marie, seq. 8 victim Daniella Iminjan) and one count of Furious Driving Causing Bodily Harm contrary to s.53 of the Crimes Act (seq.8 victim Emilija Josevska) be taken into account on a Form 1.
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The offender initially pleaded not guilty to all charges. A plea of guilty was entered to the substantive charge and an indication of guilt to the Form 1 matters on the day of hearing, 20 July 2017. In accordance with the principles set out in R v Thompson; R v Houlton [2000] NSWCCA 309, a discount of 10% is allowed for the utilitarian value of…
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- AGLC
- R v Sarullah Mirzaie [2017] NSWLC 20
- Case
- [2017] NSWLC 20
- Decision Date
CaseChat Overview and Summary
The court had to determine whether Mirzaie's conduct amounted to dangerous driving causing grievous bodily harm under the relevant legislation. Key issues included the degree of dangerousness inherent in Mirzaie's driving, whether his actions constituted a complete abandonment of responsibility as a driver, and the appropriate sentence considering the need for both general and specific deterrence, as well as retribution for the severe injuries caused. The court also considered the circumstances surrounding the incident, including the fact that Mirzaie was driving at an excessive speed and collided with multiple vehicles, indicating a lack of momentary inattention and a more sustained reckless behaviour.
In its reasoning, the court found that Mirzaie's driving was indeed dangerous, as he had abandoned his responsibilities as a driver by speeding in a residential area and causing harm to multiple victims. The court concluded that his actions were not a result of momentary inattention but rather a sustained display of reckless driving. Given the severity of the injuries and Mirzaie's prior driving record, the court determined that a custodial sentence was necessary for both general and specific deterrence, as well as to provide retribution for the harm caused. The court sentenced Mirzaie to two years imprisonment, with a non-parole period of 14 months, and disqualified him from driving for three years. Additionally, his bonds were revoked.
The final orders included a two-year imprisonment term with a non-parole period of 14 months and a three-year disqualification period from driving. Mirzaie's bonds were also revoked, reflecting the seriousness of the offence and the need for significant deterrent measures.
Orders
Orders of the court
2 years imprisonment with non-parole period 14 months. Disqualification period 3 years.
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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