Director of Public Prosecutions v Victoria BHANDARI [2011] NSWLC 7

Director of Public Prosecutions v Victoria BHANDARI [2011] NSWLC 7

The offender's failure to keep a proper lookout while turning right across an intersection into the path of a pedestrian lawfully within the marked pedestrian passage placed the negligence towards the higher end of objective seriousness. Despite strong subjective factors, good character and low risk of reoffending, general deterrence and the loss of life required a sentence of imprisonment. The hardship to the offender's severely disabled son was exceptional, but did not make imprisonment inappropriate; it justified considering service by home detention rather than suspension or full-time imprisonment.

Jurisdiction
Australia
Judgment Date
08 February 2011
Procedural Posture
Criminal Sentence for Negligent Driving Causing Death Under Section 42(1)(a) of the Road Transport (safety and Traffic Management) Act 1999 / Sentencing After Plea of Guilty
Outcome
The offender was convicted and sentenced to imprisonment for 10 months and 15 days; the proceedings were adjourned for assessment of suitability for Home Detention; the offender was disqualified from holding or obtaining a driver's licence for the automatic period of 3 years.
Legal Topics
['negligent Driving Occasioning Death' 'general Deterrence' 'hardship to Third Parties' 'home Detention' 'driver Licence Disqualification']
['criminal Law' 'sentencing' 'traffic Offences'] ['negligent Driving Occasioning Death' 'general Deterrence' 'hardship to Third Parties' 'home Detention' 'driver Licence Disqualification']

Case Brief

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Procedural Posture

Criminal Sentence for Negligent Driving Causing Death Under Section 42(1)(a) of the Road Transport (safety and Traffic Management) Act 1999 / Sentencing After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for negligent driving causing death where the offender failed to keep a proper lookout for a pedestrian crossing with a green walk signal.' "Whether the offender's subjective circumstances and otherwise good character mitigated the sentence." "Whether hardship to the offender's severely disabled son was exceptional and should affect the manner in which imprisonment was served." 'Whether the sentence should be suspended or an alternative form of custody considered.']

Ratio Decidendi

The offender's failure to keep a proper lookout while turning right across an intersection into the path of a pedestrian lawfully within the marked pedestrian passage placed the negligence towards the higher end of objective seriousness. Despite strong subjective factors, good character and low risk of reoffending, general deterrence and the loss of life required a sentence of imprisonment. The hardship to the offender's severely disabled son was exceptional, but did not make imprisonment inappropriate; it justified considering service by home detention rather than suspension or full-time imprisonment.

Court Disposition

The offender was convicted and sentenced to imprisonment for 10 months and 15 days; the proceedings were adjourned for assessment of suitability for Home Detention; the offender was disqualified from holding or obtaining a driver's licence for the automatic period of 3 years.

Orders

  • ['The offender is convicted and sentenced to imprisonment for 10 months and 15 days.' 'The proceedings are adjourned until 22 March 2011.' 'The offender is to be assessed as to her suitability for Home Detention.' "The offender is disqualified from holding or obtaining a driver's license forthwith for the automatic...