R v Singh

[2024] NSWDC 261

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Singh [2024] NSWDC 261

Hearing dates:

10/5/24, 24/5/24

Date of orders:

24 May 2024

Decision date:

24 May 2024

Jurisdiction:

Criminal

Before:

Bourke SC DCJ

Decision:

Re Aggravated dangerous driving occasioning death – Convicted and sentenced to imprisonment for 6 years with a NPP of 3 years 10 months (6/11/22-5/9/26).

A 25 percent discount has been taken into account.

I find special circumstances.

Disqualified for 3 years – automatic.

Catchwords:

Crime – Sentence – Aggravated dangerous driving occasioning death

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

R v Whyte (2002) 55 NSWLR 252

Rosenthal v R [2008] NSWCCA 149

Category:

Sentence

Parties:

NSW DPP – Crown
Surinder Singh - Offender

Representation:

Ms J Kelton for Crown
Mr W Shukoor for Offender

File Number(s):

22/332301

remarks on sentence

1. The offender, Mr Surinder Singh, appears for sentence in relation to an offence under s 52A(2) of the Crimes Act 1900, that being an offence of aggravated dangerous driving occasioning death. The maximum penalty for that offence is 14 years' imprisonment. The maximum penalty is, of course, an important guidepost in the sentencing exercise to which I have had regard. He pleaded guilty at the earliest opportunity and therefore I will allow a 25% discount by reason of the utilitarian value of that plea of guilty.

FACTS

2. The facts are agreed and in essence are as follows. The offender is an Indian national living in Australia on a bridging visa. At the time of the collision he had been in Australia for at least 18 months. He lived in rented accommodation in Tighes Hill which he shared with several housemates. The street on which he lived intersected with Maitland Road in that suburb.

3. On Saturday 5 November 2022 the offender was at home with one of his housemates, the deceased, Mr Jujhar Singh, who was not related to the offender. The two of them were drinking a 750 ml bottle of whiskey, which was their habit on a weekend, and by 10 o’clock that night the bottle had been consumed. At about 10pm the offender and the deceased had another housemate drive them to a nearby store to buy a vape because they were too intoxicated to drive. The housemate returned the two men home and then left for work.

4. At some time after about 10.40pm the offender and the deceased left the house again. The offender was driving his car which was a Hyundai sedan. The deceased was in the front passenger seat. At 11.07pm the offender drove into a drive-thru bottle shop on Maitland Road. After purchasing a six-pack of beer the offender drove his car along Maitland Road.

5. The road between the bottle shop and the scene of the subsequent collision comprised four lanes with two lanes in each direction. The premises along that part of the road are mostly commercial and include several pubs, a service station and some fast food…