R v Sleiman (No 2)

Case [2022] NSWDC 158


District Court


New South Wales

Medium Neutral Citation: R v Sleiman (No 2) [2022] NSWDC 158
Hearing dates: 29 April 2022, 13 May 2022
Date of orders: 13 May 2022
Decision date: 13 May 2022
Jurisdiction:Criminal
Before: Haesler SC DCJ
Decision:

Dangerous driving occ death-drive manner dangerous: Sentenced to a term of imprisonment of 3 years 6 months. Non parole period of 2 years.

Fail to stop & assist after vehicle impact causing death: Community Correction Order for 2 years.

For orders see [93]-[107]

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Catchwords:

CRIME - Drive manner dangerous causing death - fail to give assistance after vehicle impact

SENTENCING - Relevant factors on sentence - facilitation of administration of justice - late guilty plea – impact of EAPG negotiations - related traffic offences – young offender - no prior convictions - remorse - possible intellectual disability - application of Whyte guideline- is an ICO available – moral culpability - impact of imprisonment – fulltime custody required for a drive manner dangerous

Legislation Cited:

Crimes Act1900

Crimes (Sentencing Procedure) Act 1999 (NSW)

Criminal Procedure Act 1986(NSW)

Road Rules 2014

Road Transport (Driver Licencing) Regulation 2017

Cases Cited:

Anderson v R (1981) VR 155

Barbaro v The Queen [ (2014) 253 CLR 58

Blackman & Walters [2001] NSWCCA 121

BP v R [2010] NSWCCA 159

Clarke-Jeffries v R [2019] NSWCCA 56

DPP v De LaRosa [2010] NSWCCA 195

Elphick v R [2021] NSWCCA 167

Geagea v R [2020] NSWCCA 350

Hili v The Queen (2010) 242 CLR 520

Hoskins v R [2020] NSWCCA 18

Howard v R [2019] NSWCCA 109

KT v R [2008] NSWCCA 51

LeggevR [2007] NSWCCA 244

Magaming v The Queen (2013) 252 CLR 381; [2013] HCA 40

Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25

Muldrock v The Queen (2011) 244 CLR 120

Quinn v Commonwealth Director of Public Prosecutions [2021] NSWCA 294

R v Allpass (1993) 72 A Crim R 561

R v Daetz [2003] NSWCCA 316

R v Dodd (1991) 57 A Crim R 349

R v Errington (2005) 157 A Crim R 553

R v Herring (1956) 73 WN (NSW) 203

R v McKeown [2013] NSWDC 22

R v Musumeci NSWCCA, unreported, 30/10/97

R v Previtera (1997) 94 A Crim R 76

R v Pullen [2018] NSWCCA 264

R vShashati [2018] NSWCCA 167

R v Simpson [2001] NSWCCA 534; 53 NSWLR 704

R v Sleiman [2022] NSWDC 41

R v Smith [2016] NSWCCA 75

Rv Smith (1997) 95 A Crim R 373

R vTuala [2015] NSWCCA 8

R v Tzanis [2005] NSWCCA 274

Ryan v The Queen (2001) 206 CLR 267

The Queen v Pham [2015] HCA 39; (2015) 256 CLR 550

Whyte v R [2002] NSWCCA 343; (2002) 55 NSWLR 252

R v Windle [2012] NSWCCA 222

WW v R [2012] NSWCCA 165

Texts Cited:

NSW Legislative Assembly, Parliamentary Debates (Hansard), 21 September 2005 at 18124.e

Category:Sentence
Parties: Mohsen Sleiman (the accused)

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AGLC
R v Sleiman (No 2) [2022] NSWDC 158
Case
[2022] NSWDC 158
Decision Date

CaseChat Overview and Summary

The case of R v Sleiman (No 2) involved the defendant who was charged with dangerous driving causing death and failing to provide assistance after a vehicle impact resulting in death. The case was heard and determined in a relevant Australian court. The primary issues before the court were to decide the appropriate sentence for the defendant considering various mitigating and aggravating factors, including the facilitation of justice, the timing of the guilty plea, the impact of the Early Accepted Plea Guidelines negotiations, related traffic offences, the defendant's age, absence of prior convictions, display of remorse, potential intellectual disability, application of the Whyte guideline, availability of an Intensive Correction Order, moral culpability, and the effects of imprisonment.

The court meticulously examined the circumstances surrounding the incident and the defendant's background. It considered the facilitation of justice through the late guilty plea and the impact of the Early Accepted Plea Guidelines negotiations. The court also took into account the defendant's young age, lack of prior convictions, and demonstrated remorse. The possibility of an intellectual disability was weighed, as well as the appropriateness of an Intensive Correction Order. Moral culpability and the necessity of full-time custody were also deliberated, particularly in the context of dangerous driving. The court balanced these factors against the need to deter similar conduct and to ensure justice for the victim and their family.

Following its analysis, the court sentenced the defendant to a term of imprisonment of three years and six months for the charge of dangerous driving causing death, with a non-parole period of two years. For the charge of failing to stop and assist after a vehicle impact causing death, the court imposed a community correction order for two years. The court provided detailed reasoning for these sentences, taking into account all relevant factors and the objectives of sentencing in this jurisdiction. These orders were made to reflect the seriousness of the offences, the need for deterrence, and the circumstances of the defendant.

Orders

Orders of the court

Dangerous driving occ death-drive manner dangerous: Sentenced to a term of imprisonment of 3 years 6 months. Non parole period of 2 years.

Fail to stop & assist after vehicle impact causing death: Community Correction Order for 2 years.

For orders see [93]-[107]

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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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