SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2015 0057
| REMO SARIKAYA | Applicant |
| V | |
| THE QUEEN | Respondent |
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| JUDGES: | MAXWELL P and KAYE JA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 18 August 2015 |
| DATE OF JUDGMENT: | 11 September 2015 |
| MEDIUM NEUTRAL CITATION: | [2015] VSCA 236 |
| JUDGMENT APPEALED FROM: | DPP v Sarikaya (Unreported, County Court of Victoria, Judge Parsons, 9 May 2015) |
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CRIMINAL LAW – Appeal – Sentence – Dangerous driving causing death, failure to stop after accident, failure to render assistance – Sentence of 4y for failure to stop – Total effective sentence 5y, non-parole period 3y 6m – Whether manifestly excessive – Victim elderly pedestrian – Knocked down when applicant reversed – Applicant drove off – Attempt to conceal involvement – High culpability – Verdins propositions 5 and 6 – Moderate mitigation only – Sentence within range – Appeal dismissed – Wassef v The Queen [2011] VSCA 30 followed.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr J R Cass | Victoria Legal Aid |
| For the Crown | Mr P B Kidd SC | Ms V Anscombe, Acting Solicitor for Public Prosecutions |
MAXWELL P
KAYE JA:
The appellant was convicted, following a trial, of dangerous driving causing death, failing to stop after an accident, and failing to render assistance after an accident. Following a plea hearing conducted on 3 April and 8 May 2014, he was sentenced on 9 May 2014 as follows:
Charge on Indictment
Offence
Maximum
Sentence
Cumulation
1
Dangerous driving causing death
10 y
2 y
12 m
2
Failure to stop after an accident
10 y
4 y
Base
3
Failure to render assistance after an accident
10 y
9 m
Total Effective Sentence:
5 y
Non-Parole Period:
3 y 6 m
Pre-sentence Detention Declared:
91 days
Other orders: Licence Cancelled and Disqualified for 3 years from 9 May 2014
On 23 June 2015, Weinberg JA granted leave to appeal on the ground that
The individual sentences, degree of cumulation and the non-parole period imposed on the appellant are manifestly excessive in particular having regard to:
(a) the mental health of the appellant;
(b)the individual sentences on charges 1 and 3, which reflect an over weighting of the seriousness of the offending;
(c)cumulation imposed on charge 1 — in light of the principle of totality; and
(d) current sentencing practices for failing to stop after an accident.
Circumstances of the offending
On the morning of 23 September 2011, the appellant reversed his motor vehicle out of a driveway in St Georges Road, Shepparton. In doing so, his vehicle struck an 89 year old female pedestrian, Gemma Bell, who was walking on the footpath supported by a walking frame. The impact of the collision caused Ms Bell to fall to the pavement, and to thereby suffer a severe head injury. The appellant was convicted on count 1, dangerous driving causing death, on the basis that he had failed to keep a proper lookout while reversing his vehicle onto the roadway. Immediately after the collision, the appellant drove…
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- AGLC
- Sarikaya v The Queen [2015] VSCA 236
- Case
- [2015] VSCA 236
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved assessing whether the sentence was manifestly excessive, given the moderate mitigation offered. The court applied the Verdins propositions, considering the culpability of the applicant and the impact on the victim. The court also examined the totality of the sentences imposed, which resulted in a total effective sentence of five years, with a non-parole period of three years and six months. The court found that while the sentence was severe, it was within the range of appropriate sentences for such offences, taking into account the culpability and the attempt to conceal the incident.
The Court of Appeal found that the sentence was not manifestly excessive. The high culpability of the applicant, as evidenced by his attempt to flee the scene and the victim's vulnerability, justified the severity of the sentence. The court followed the principles established in Wassef v The Queen, affirming that the sentence was proportionate to the gravity of the offence. The appeal was dismissed, confirming the trial judge's assessment of the appropriate sentence.
Orders
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Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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