Police v Curkovic [2008] NSWLC 1

Police v Curkovic [2008] NSWLC 1

The offender's negligent failure to observe the green pedestrian signal or the pedestrians while turning a large lorry across a controlled pedestrian crossing caused the death of Jessica De Andrade and serious injury to her mother. The offence involved substantial harm and lack of regard for public safety and was in the upper range for this category, so imprisonment was warranted to reflect objective seriousness and general deterrence. However, the early guilty plea, prior good character, lack of criminal record, genuine remorse, psychological condition and prospects of rehabilitation justified a 25% discount and suspension of the 9 month sentence, together with a bond, supervision and...

Jurisdiction
Australia
Judgment Date
16 January 2008
Procedural Posture
Criminal Sentencing for Negligent Driving Occasioning Death / Plea of Guilty and Sentence in the Local Court of New South Wales
Outcome
Offender convicted and sentenced to 9 months imprisonment, suspended on condition of a good behaviour bond, with licence disqualification for 2 years.
Legal Topics
['negligent Driving Occasioning Death' 'plea of Guilty' 'good Character' 'general Deterrence' 'suspended Sentence' 'licence Disqualification']
['criminal Law' 'sentencing' 'road Transport Law'] ['negligent Driving Occasioning Death' 'plea of Guilty' 'good Character' 'general Deterrence' 'suspended Sentence' 'licence Disqualification']

Case Brief

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Procedural Posture

Criminal Sentencing for Negligent Driving Occasioning Death / Plea of Guilty and Sentence in the Local Court of New South Wales

Legal Issues

  1. 1 ['What sentence should be imposed for negligent driving occasioning death following an early plea of guilty.' 'Whether the offence was aggravated by substantial injury, emotional harm, loss or damage and by being committed without regard for public safety.' 'Whether imprisonment was appropriate and, if so, whether it should be served by way of full-time custody or suspended sentence.' 'What period of driver licence disqualification should be imposed.']

Ratio Decidendi

The offender's negligent failure to observe the green pedestrian signal or the pedestrians while turning a large lorry across a controlled pedestrian crossing caused the death of Jessica De Andrade and serious injury to her mother. The offence involved substantial harm and lack of regard for public safety and was in the upper range for this category, so imprisonment was warranted to reflect objective seriousness and general deterrence. However, the early guilty plea, prior good character, lack of criminal record, genuine remorse, psychological condition and prospects of rehabilitation justified a 25% discount and suspension of the 9 month sentence, together with a bond, supervision and...

Court Disposition

Offender convicted and sentenced to 9 months imprisonment, suspended on condition of a good behaviour bond, with licence disqualification for 2 years.

Orders

  • ['The offender is convicted and sentenced to a term of imprisonment of 9 months.' 'The sentence is suspended and the offender is to be released from custody on condition that he enter into a bond to be of good behaviour under Section 12 of the Crimes (Sentencing Procedure) Act 1999 for a period of 9 months.' 'The...