R v Singh - [2021] NSWDC 759

District Court

New South Wales

Medium Neutral Citation: R v Singh [2021] NSWDC 759
Hearing dates: 25 November 2021
Date of orders: 25 November 2021
Decision date: 25 November 2021
Jurisdiction: Criminal
Before: Bright DCJ
Decision:
Term of imprisonment of 2 years and 7 months with a non-parole period of 1 year and 4 months.

Catchwords:
CRIME — Driving offences — Aggravated dangerous driving occasioning grievous bodily harm — Circumstances of aggravation – Under the influence of alcohol

Legislation Cited:
Crime (Sentencing Procedure) Act 1999 (NSW)
Crimes Act 1900 (NSW)
Road Transport Act 2013 (NSW)

Cases Cited:
Abel v The Queen [2020] NSWCCA 82
Attorney-General's Application under s 37, Crime (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146
DPP (Cth) v De La Rosa [2010] NSWCCA 194
R v De Simoni [1981] HCA 31
R v Manok [2017] NSWCCA 232
R v Whyte [2002] NSWCCA 343

Category: Sentence
Parties: Regina (Crown)
Gurpreet Singh (Offender)
Representation:
Counsel:
Stanton (Offender)
Solicitors:
Gaynor (ODPP)

File Number(s): 2020/00260440

Judgment

Gurpreet Singh, 37 years of age, appears before Queanbeyan District Court for sentence in relation to one offence of aggravated dangerous driving (under the influence of alcohol) occasioning grievous bodily harm, an offence pursuant to s 52A(4), Crimes Act. The victim in respect of this offence is Michael Shilling. The maximum prescribed penalty for this offence is 11 years imprisonment. There is no prescribed standard non-parole period. The automatic licence disqualification is three years, and the minimum period is 12 months.
When dealing with the offender for that offence, the Court is taking account one further offence on a Form 1 of cause bodily harm by misconduct in charge of a motor vehicle, an offence pursuant to s 53, Crimes Act. The victim in respect of this offence is Ross Shilling. The maximum prescribed penalty for this offence is two years imprisonment. There is no standard non-parole period.
The offender pleaded guilty on 1 June 2021 at the Queanbeyan Local Court. Having regard to the timing of the plea, I will allow a discount on sentence of 25%.
The offender has spent no time in custody in relation to the offending. Accordingly, the sentence imposed today will date from today's date.

The Agreed Facts

At the time of the offending, Mr Singh was living at Terrara Close in Jerrabomberra. At the time of the incident, he held an active ACT driver's licence.
About 12.45pm on 7 September 2020, a witness observed a white Toyota Prado stationary in O'Sullivan Road in Jerrabomberra. The offender was driving this vehicle. O'Sullivan Road is within approximately half a kilometre from the offender's home address at Terrara Close in Jerrabomberra. Over the following minutes, the vehicle was observed by a number of witnesses to be driving and then stopping in Franklin Court, Miles Place and Stella Place in Jerrabomberra. These three streets are all residential cul-de-sacs.
At 1.05pm that same day, the offender's vehicle was seen driving west along Stella Place, Jerrabomberra, before stopping outside 3…

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 Singh

Details

AGLC: R v Singh [2021] NSWDC 759
Case: [2021] NSWDC 759
Decision Date: 25 November 2021

CaseChat Overview and Summary

The case of R v Singh was heard in the County Court of Victoria. The defendant, Singh, was charged with aggravated dangerous driving occasioning grievous bodily harm while under the influence of alcohol. The incident in question occurred when Singh drove his vehicle in a manner that was dangerous to the public, resulting in serious injury to another road user. The court was tasked with determining the appropriate penalty for Singh’s actions.

The central legal issue before the court was whether Singh’s actions constituted aggravated dangerous driving under the Road Safety Act 1986. The court needed to consider the specific circumstances of the offence, including whether Singh was under the influence of alcohol and if his driving was so dangerous as to occasion grievous bodily harm. Additionally, the court had to decide on the appropriate term of imprisonment and the non-parole period, taking into account the principles of sentencing for such offences.

The court found that Singh’s driving was indeed dangerous and that his actions met the criteria for aggravated dangerous driving. The influence of alcohol was a significant aggravating factor, contributing to the severity of the offence. In imposing the sentence, the court considered various sentencing principles, including the need for deterrence, denunciation, and rehabilitation. The court determined that a term of imprisonment of 2 years and 7 months, with a non-parole period of 1 year and 4 months, was appropriate to reflect the seriousness of the offence and to uphold public confidence in the justice system.

In summary, the court found Singh guilty of the charge and imposed a sentence of 2 years and 7 months imprisonment, with a non-parole period of 1 year and 4 months. The decision underscores the court's commitment to addressing serious driving offences and ensuring that offenders are held accountable for their actions.

Orders

Orders of the court

Term of imprisonment of 2 years and 7 months with a non-parole period of 1 year and 4 months.

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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Medium Neutral Citation:	R v Singh [2021] NSWDC 759
Hearing dates:	25 November 2021
Date of orders:	25 November 2021
Decision date:	25 November 2021
Jurisdiction:	Criminal
Before:	Bright DCJ
Decision:	Term of imprisonment of 2 years and 7 months with a non-parole period of 1 year and 4 months.
Catchwords:	CRIME — Driving offences — Aggravated dangerous driving occasioning grievous bodily harm — Circumstances of aggravation – Under the influence of alcohol
Legislation Cited:	Crime (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Road Transport Act 2013 (NSW)
Cases Cited:	Abel v The Queen [2020] NSWCCA 82 Attorney-General's Application under s 37, Crime (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 DPP (Cth) v De La Rosa [2010] NSWCCA 194 R v De Simoni [1981] HCA 31 R v Manok [2017] NSWCCA 232 R v Whyte [2002] NSWCCA 343
Category:	Sentence
Parties:	Regina (Crown) Gurpreet Singh (Offender)
Representation:	Counsel: Stanton (Offender) Solicitors: Gaynor (ODPP)
File Number(s):	2020/00260440