R v Jojkic, Dragan [2010] NSWDC 155

R v Jojkic, Dragan [2010] NSWDC 155

A substantial custodial sentence is required for both manslaughter by gross criminal negligence and aggravated dangerous driving occasioning grievous bodily harm due to the objective seriousness of the conduct (high speed, intoxication, suspended and unregistered driving, risk to multiple persons, actual harm caused), aggravated by prior offending and compromised driving skills. The early guilty plea, demonstrated remorse and personal circumstances (including health and rehabilitation prospects), support a 25% sentencing discount, but do not warrant reduction below full-time incarceration. Special circumstances found due to likelihood of better rehabilitation outside custody and health...

Jurisdiction
Australia
Judgment Date
26 March 2010
Procedural Posture
Criminal / Sentencing
Outcome
convicted; substantial custodial sentences imposed
Legal Topics
['manslaughter (gross Criminal Negligence)' 'aggravated Dangerous Driving' 'sentencing' 'victim Impact Statements' 'public Safety' 'discount for Guilty Plea' 'prior Offending' 'rehabilitation' 'custodial Health Care']
['criminal Law'] ['manslaughter (gross Criminal Negligence)' 'aggravated Dangerous Driving' 'sentencing' 'victim Impact Statements' 'public Safety' 'discount for Guilty Plea' 'prior Offending' 'rehabilitation' 'custodial Health Care']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for manslaughter by gross criminal negligence and aggravated dangerous driving occasioning grievous bodily harm?' 'How should victim impact statements be considered in sentencing?' 'What discount is appropriate for early guilty plea and demonstrated remorse?' "Does the offender's health and rehabilitative prospects warrant special circumstances in sentencing?"]

Ratio Decidendi

A substantial custodial sentence is required for both manslaughter by gross criminal negligence and aggravated dangerous driving occasioning grievous bodily harm due to the objective seriousness of the conduct (high speed, intoxication, suspended and unregistered driving, risk to multiple persons, actual harm caused), aggravated by prior offending and compromised driving skills. The early guilty plea, demonstrated remorse and personal circumstances (including health and rehabilitation prospects), support a 25% sentencing discount, but do not warrant reduction below full-time incarceration. Special circumstances found due to likelihood of better rehabilitation outside custody and health...

Court Disposition

convicted; substantial custodial sentences imposed

Orders

  • ['Convicted of driving while suspended: three months fixed term (already served)' 'Driving with mid-range PCA: six months fixed term (already served)' 'Aggravated dangerous driving occasioning grievous bodily harm: non-parole period of 3 years (10 March 2009 to 9 March 2012), balance term to expire 9 September 2013'...