Event and Time
Event Description
- On 27 December 2021, a fatal traffic collision occurred in Laharum, Victoria, involving two vehicles: a Toyota Kluger driven by the defendant and a Kia Sportage driven by Denton Djurasevich.
- The collision resulted in the deaths of Sonia Panwar (the defendant's wife) and Roslyn Johnson, as well as serious injury to Denton Djurasevich.
Application and Claims
- The defendant pleaded guilty to three charges:
1. Charge 1: Dangerous driving causing death of Sonia Panwar. 2. Charge 2: Dangerous driving causing death of Roslyn Johnson. 3. Charge 3: Dangerous driving causing serious injury to Denton Djurasevich.
- The charges are based on the Crimes Act 1958, with a maximum penalty of ten years’ imprisonment for charges involving death and five years for serious injury.
Judicial Decisions
- The court must impose a term of imprisonment under s5(2H) of the Sentencing Act 1991 unless exceptional circumstances are proven.
- The defendant's counsel argued for exceptions under the same legislation, focusing on the impacts on the couple’s daughter, Mayra.
Dispute Points and Legal Basis
Dispute Points
- Prosecution's Claims:
- Emphasized the severity of the offences and the tragic outcomes for both victims and their families. - Sought a custodial sentence to uphold general deterrence and public safety.
- Defendant's Arguments:
- Presented mitigating factors, including: - The psychological impact on the defendant’s young daughter and her existing PTSD. - The defendant's remorse, low risk of re-offending, and ongoing mental health treatment. - Cited previous cases supporting the possibility of non-custodial sentences for similar offences with mitigating factors (e.g., Boulton v R).