R v Saleh [2023] NSWDC 639

R v Saleh [2023] NSWDC 639

The offender drove at a significant excessive speed on a major road in a highly modified high-performance vehicle, causing the death of Claire Georgey and serious injuries to Aaron Pritchard. His speed was the cause of the collision, the deceased had almost completed a lawful turn, and she would have completed it safely had he driven at the permitted speed. Taking into account his poor driving record, significant moral culpability and abandonment of responsibility, plus mitigating factors including guilty pleas, remorse, subjective circumstances, mental health, restrictive bail and rehabilitation prospects, only a custodial aggregate sentence was appropriate, with special circumstances...

Jurisdiction
Australia
Judgment Date
29 November 2023
Procedural Posture
Criminal Sentence / Sentence Following Guilty Pleas to Counts 2 and 4 on the Indictment
Outcome
The offender was convicted of each offence and sentenced to an aggregate term of imprisonment of 5 years with a non-parole period of 3 years.
Legal Topics
['dangerous Driving Occasioning Death' 'dangerous Driving Occasioning Grievous Bodily Harm' 'speed Dangerous to Other Persons' 'objective Seriousness' 'moral Culpability' 'guilty Plea Discount' 'special Circumstances' 'licence Disqualification']
['criminal Law' 'sentencing' 'traffic Offences'] ['dangerous Driving Occasioning Death' 'dangerous Driving Occasioning Grievous Bodily Harm' 'speed Dangerous to Other Persons' 'objective Seriousness' 'moral Culpability' 'guilty Plea Discount' 'special Circumstances' 'licence Disqualification']

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Pleas to Counts 2 and 4 on the Indictment

Legal Issues

  1. 1 ['What sentence should be imposed for dangerous driving occasioning death contrary to s 52A(1)(c) of the Crimes Act 1900 and dangerous driving occasioning grievous bodily harm contrary to s 52A(3)(b) of the Crimes Act 1900.' "How the offender's excessive speed, driving history, modified vehicle, guilty pleas, remorse, mental health, bail conditions, hardship and prospects of rehabilitation affected objective seriousness, moral culpability and sentence." 'Whether special circumstances justified varying the statutory ratio between the aggregate head sentence and non-parole period.' 'Whether the sentences should be imposed as an aggregate sentence with concurrency and some accumulation.']

Ratio Decidendi

The offender drove at a significant excessive speed on a major road in a highly modified high-performance vehicle, causing the death of Claire Georgey and serious injuries to Aaron Pritchard. His speed was the cause of the collision, the deceased had almost completed a lawful turn, and she would have completed it safely had he driven at the permitted speed. Taking into account his poor driving record, significant moral culpability and abandonment of responsibility, plus mitigating factors including guilty pleas, remorse, subjective circumstances, mental health, restrictive bail and rehabilitation prospects, only a custodial aggregate sentence was appropriate, with special circumstances...

Court Disposition

The offender was convicted of each offence and sentenced to an aggregate term of imprisonment of 5 years with a non-parole period of 3 years.

Orders

  • ['The offender is convicted of each offence.' 'The offender is sentenced to an aggregate sentence of 5 years imprisonment commencing on 26 November 2023 and expiring on 25 November 2028.' 'An aggregate non-parole period of 3 years is set commencing on 26 November 2023 and expiring on 25 November 2026.' 'The offender...