DPP v Namdar [2017] VCC AAB

Offence: Culpable driving.

Mr Namdar was operating a jet ski negligently and at high speed in a swimming-only area surrounding a pier.

He struck a swimmer in the head with the jet ski causing life-threatening injuries. The victim died two days later.

Mr Namdar pleaded guilty to one charge of culpable driving contrary to section 318 of the Crimes Act 1958 (Vic).

At the plea hearing he relied upon several mitigating factors, some of which included: remorse, youthfulness, good prospects of rehabilitation, low intelligence and solid employment prospects.

Her Honour Judge Davis stated that the principal sentencing consideration that applied to the case was general deterrence.

Her Honour also stated that denunciation and just punishment were also important considerations.

Mr Namdar was sentenced to five years’ imprisonment with a non-parole period of two years and nine months.

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Page last updated: 16 September 2018