Austin v Bonney

Case [1999] QCA 8


99.8

COURT OF APPEAL
de JERSEY CJ
THOMAS JA

MACKENZIE J

CA No 407 of 1998
THE QUEEN
v.

MICHAEL GREGORY TAPAU

BRISBANE
..DATE 04/02/99
040299 T14/BC7 M/T COA 4/99
THE CHIEF JUSTICE: I will ask Mr Justice Thomas to deliver
the first judgment in this matter.

THOMAS JA: The applicant was convicted of dangerous driving causing death. He seeks leave to appeal against a sentence of 18 months imprisonment with a recommendation for parole after six months and a disqualification from holding a driver's licence for two years.

He was 26 years old at the time of the offence and has no criminal history. He has, however, a traffic record which contains entries of speeding, driving under the influence and unlicensed driving.

On the occasion in question, he was driving his vehicle along Cherbourg Road along a sealed surface with one lane travelling in each direction divided by a single centre lane. He elected to overtake a number of vehicles when it was obviously unsafe to do so. One of the vehicles was forced to swerve off to the left on to the grass shoulder where it struck a guide-post. He drove his own vehicle off the road to the right because there was oncoming traffic. In the course of doing this, he struck a tree and the back-seat passenger in his vehicle was killed.

The learned sentencing Judge characterised the applicant's conduct as reckless inattention but in my view it went beyond inattention. His Honour relatively adverted to the traffic history and also to the favourable aspects including the lack of criminal history, good work history, a pregnant wife, three 040299 T14/BC7 M/T COA 4/99

children and an early plea of guilty.

In my view, the head sentence of 18 months imprisonment is within the appropriate range of offences of this kind and the recommendation for earlier consideration of parole places the actual sentence well within the limits of the proper sentencing discretion.

I do not think it necessary to canvass other previous decisions of this Court which uphold sentences of this order and, indeed, greater sentences. The applicant appeared in person and did not suggest any particular grievance in relation to the sentence.

In these circumstances, I would refuse the application for leave to appeal against sentence.

THE CHIEF JUSTICE: I agree.

MACKENZIE J: I agree.

THE CHIEF JUSTICE: The application is refused.

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Details
AGLC
R v Tapau [1999] QCA 8
Case
[1999] QCA 8
Decision Date

CaseChat Overview and Summary

The case of Austin v Bonney involved Michael Gregory Tapau, who was convicted of dangerous driving causing death. The appeal was against the sentence of 18 months imprisonment with a recommendation for parole after six months, and a two-year disqualification from holding a driver's licence. The applicant, who was 26 years old at the time of the offence, had a history of traffic violations, including speeding, driving under the influence, and unlicensed driving. On the day in question, Tapau was driving along Cherbourg Road and chose to overtake a number of vehicles in unsafe conditions. This led to a collision that resulted in the death of a passenger in his vehicle.

The legal issues before the court were whether the sentence imposed was appropriate for the offence and whether the recommendation for parole consideration was within the proper limits of sentencing discretion. The court considered the applicant's traffic history and other mitigating factors such as his lack of a criminal record, good work history, and family responsibilities. The court found that the sentence of 18 months imprisonment, with the recommendation for parole after six months, was within the appropriate range for such offences. Additionally, the court noted that the applicant did not express any particular grievance regarding the sentence.

The court concluded that the sentence was appropriate given the circumstances of the offence and the applicant's history. The Court of Appeal, consisting of de Jersey CJ, Thomas JA, and Mackenzie J, unanimously agreed to refuse the application for leave to appeal against the sentence. The final orders of the court were to dismiss the application and uphold the original sentence.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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