Mina Nashed v Regina [2010] NSWCCA 282

Mina Nashed v Regina [2010] NSWCCA 282

The sentencing judge did not err in finding the applicant’s moral culpability to be high and treating the case as a typical example suitable for a custodial sentence under the sentencing guideline; however, there was legal error in imposing 1 day imprisonment for the offence under s 11B(1)(a) of the Road Transport (Safety & Traffic Management) Act 1999, where the maximum penalty was a fine, justifying the quashing of that portion of the sentence.

Jurisdiction
Australia
Judgment Date
03 December 2010
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal and Final Orders
Outcome
Leave to appeal granted; appeal dismissed except for quashing of imprisonment sentence for illicit drug offence
Legal Topics
['sentencing' 'dangerous Driving Causing Death' 'driving With Illicit Drugs' 'plea Discount' 'moral Culpability']
['criminal Law'] ['sentencing' 'dangerous Driving Causing Death' 'driving With Illicit Drugs' 'plea Discount' 'moral Culpability']

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Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal and Final Orders

Legal Issues

  1. 1 ["Whether sentencing judge erred by failing to determine the moral culpability of the applicant's conduct" 'Whether sentencing judge erred in imposing a term of imprisonment for an offence where only a fine was available']

Ratio Decidendi

The sentencing judge did not err in finding the applicant’s moral culpability to be high and treating the case as a typical example suitable for a custodial sentence under the sentencing guideline; however, there was legal error in imposing 1 day imprisonment for the offence under s 11B(1)(a) of the Road Transport (Safety & Traffic Management) Act 1999, where the maximum penalty was a fine, justifying the quashing of that portion of the sentence.

Court Disposition

Leave to appeal granted; appeal dismissed except for quashing of imprisonment sentence for illicit drug offence

Orders

  • ['Leave to appeal be granted' 'In respect of the offence against s 11B(1)(a) of the Road Transport (Safety & Traffic Management) Act 1999: quash the sentence of 1 day imprisonment; confirm the conviction and penalty of 6 months disqualification' 'Appeal otherwise dismissed']