R v Smith

[2010] NSWDC 202

CITATION:	R v Smith [2010] NSWDC 202
JUDGMENT DATE:	6 August 2010
JURISDICTION:	Crime
JUDGMENT OF:	Norrish QC DCJ
DECISION:	S.166 certificate offence - convicted, sentenced to 9 months and 1 week imprisonment to commence on 03/12/09 and will expire 09/06/10. Drive in a manner dangerous causing grievous bodily harm – convicted, sentenced to 3 years and 1 month imprisonment to commence on 03/01/10 and will expire on 02/02/13. Principal offence, drive in a manner dangerous, cause death, taking into account matters on a Form 1, - convicted, sentenced to a term of imprisonment by way of non-parole period of 2 years and 2 months to commence on 3 February 2011 and expire on 2 April 2013. The balance of sentence of 2 years and 5 months to expire on 2 September 2015. Pursuant to s.77B Victim’s Support and Rehabilitation Act 1996 the prisoner is to pay the amount of $18,500 to M. Ahmad.
CATCHWORDS:	CRIME - Sentence - driving in a manner dangerous to the public occasioning death - driving in a manner dangerous to the public causing grevous bodily harm
LEGISLATION CITED:	Crimes Act 1900 Road Transport (Driver Licensing) Act 1998 Crimes (Sentencing Procedure) Act 1999
CASES CITED:	R v Whyte (2002) 55 NSWLR 525 Regina v Skrill [2002] NSWCCA 484 R v Jurisic (1998) 48 NSWLR 209 R v Henry (1999) 46 NSWLR 346 R v Rosenthal [2008] NSWCCA 149 Pearce v The Queen (1998) 194 CLR 610 Veen (No 2) v The Queen (1988) 164 CLR 365 Thomson and Houlton [2000] NSWCCA 309 (49 NSWLR 383) R v Read [2010] NSWCCA 78 R v Janceski [2005] NSWCCA 281
PARTIES:	Regina Anthony Christian Smith
FILE NUMBER(S):	2009/00056897
COUNSEL:	Ms A Brady (Director of Public Prosecutions) Ms S Alexander (Offender)
SOLICITORS:	Director of Public Prosecutions Alexander Lawyers - Offender

SENTENCE

1 Anthony Christian Smith appears for sentence today in relation to effectively three offences; two indictable offences for which he was committed for sentence and one offence, a summary offence, to be dealt with pursuant to a s.166 certificate. In respect of the principal offence which is an offence of driving in a manner dangerous to the public occasioning death, there are two offences to be taken into account set out on a Form 1.

2 The first offence to be particularised concerns the allegation of dangerous driving causing death. This, as with all the other offences, was committed on 2 June 2009 at Wiley Park. The allegation is that the accused did drive a motor vehicle to wit a Ford Fairlane sedan New South Wales registered number T1189, when the accused, driving in a manner dangerous caused the death of Wissam Ahmad. This is an offence contrary to s.52A(1)(c) Crime Act 1900. This carries a maximum penalty of ten years imprisonment. There is no standard non parole period for that offence. There is further, an allegation against the accused to which he pleaded guilty at the Local Court, that he did, on the same date, at Wiley…