R v HAOUI [2007] NSWDC 139

R v HAOUI [2007] NSWDC 139

The offender deliberately drove at least 91 kph on a wet suburban street with a 50 kph limit, creating a grave risk to others and causing grievous bodily harm. Although there were mitigating factors including youth, no criminal history, a four year delay not attributable to him, low-end grievous bodily harm, good work history and special circumstances, the objective gravity of the deliberate dangerous driving required imprisonment; suspension would not adequately reflect the conduct or deter others, but periodic detention was appropriate.

Jurisdiction
Australia
Judgment Date
20 April 2007
Procedural Posture
Criminal Sentence / Sentence After Being Found Guilty of Driving at a Speed Dangerous to the Public Whereby Grievous Bodily Harm Was Occasioned
Outcome
Offender sentenced to imprisonment by way of periodic detention and disqualified from driving.
Legal Topics
['driving at a Speed Dangerous' 'grievous Bodily Harm' 'delay' 'periodic Detention' 'licence Disqualification']
['criminal Law' 'sentencing'] ['driving at a Speed Dangerous' 'grievous Bodily Harm' 'delay' 'periodic Detention' 'licence Disqualification']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Being Found Guilty of Driving at a Speed Dangerous to the Public Whereby Grievous Bodily Harm Was Occasioned

Legal Issues

  1. 1 ['What sentence should be imposed for driving at a speed dangerous to the public occasioning grievous bodily harm.' 'What effect a four year delay should have on sentence.' 'Whether imprisonment was required or should be suspended.' 'Whether the offender was remorseful for the purposes of s 21A of the Crimes (Sentencing Procedure) Act.']

Ratio Decidendi

The offender deliberately drove at least 91 kph on a wet suburban street with a 50 kph limit, creating a grave risk to others and causing grievous bodily harm. Although there were mitigating factors including youth, no criminal history, a four year delay not attributable to him, low-end grievous bodily harm, good work history and special circumstances, the objective gravity of the deliberate dangerous driving required imprisonment; suspension would not adequately reflect the conduct or deter others, but periodic detention was appropriate.

Court Disposition

Offender sentenced to imprisonment by way of periodic detention and disqualified from driving.

Orders

  • ['The offender is sentenced to imprisonment with a non-parole period of nine months and a head sentence of eighteen months, to be served by way of periodic detention.' 'The offender is to attend the Parramatta Periodic Detention Centre at 8.30am on 5 May 2007 to commence serving his sentence.' 'The offender is...