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]
.
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
NSW Legislative Assembly, Parliamentary Debates (Hansard), 21 September 2005 at 18124.e
Category:
Sentence
Parties:
Mohsen Sleiman (the accused)
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.
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Details
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.