R v Abbas CHOUKEIR [2011] NSWDC 123

R v Abbas CHOUKEIR [2011] NSWDC 123

A medium range sentence is appropriate for dangerous driving causing death and grievous bodily harm, aggravated by speed, conditional liberty, and limited criminal record; imprisonment is necessary for general deterrence and protection of the community; special circumstances allow a non-parole period below 75% of the total sentence.

Parties
Prosecutor: Regina; Offender: Abbas Choukeir
Jurisdiction
Australia
Judgment Date
24 August 2011
Procedural Posture
Criminal / Sentence After Conviction at Trial
Outcome
Convicted and sentenced to imprisonment; fined for related offence.
Legal Topics
Dangerous Driving Occasioning Death, Dangerous Driving Occasioning Grievous Bodily Harm, Sentencing, Victim Impact Statement, Good Character, Conditional Liberty, General Deterrence
Criminal Law Dangerous Driving Occasioning Death Dangerous Driving Occasioning Grievous Bodily Harm Sentencing Victim Impact Statement Good Character Conditional Liberty General Deterrence

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Parties

Regina

Prosecutor

Abbas Choukeir

Offender

Procedural Posture

Criminal / Sentence After Conviction at Trial

Legal Issues

  1. 1 Appropriate sentencing for dangerous driving causing death and grievous bodily harm
  2. 2 Consideration of victim impact statement in sentencing
  3. 3 Effect of previous criminal and traffic record on sentence

Ratio Decidendi

A medium range sentence is appropriate for dangerous driving causing death and grievous bodily harm, aggravated by speed, conditional liberty, and limited criminal record; imprisonment is necessary for general deterrence and protection of the community; special circumstances allow a non-parole period below 75% of the total sentence.

Court Disposition

Convicted and sentenced to imprisonment; fined for related offence.

Orders

  • Convicted for dangerous driving occasioning death: four years imprisonment (non-parole period two years commencing 19 August 2012, expiring 18 August 2014; balance two years, expiring 18 August 2016)
  • Convicted for dangerous driving occasioning grievous bodily harm to Sarah El Chami: two and a half years imprisonment (19 August 2011 to 18 February 2014, fixed term)