Aylett v Police

The appellant, Aylett, was convicted under section 91 of the Motor Vehicles Act 1959 (SA) for driving while disqualified from holding a driver's licence. The conviction resulted in a sentence of imprisonment for one month, which Aylett appealed, arguing that the sentence was excessively harsh. The appeal centred on the Magistrate's decision to consider the impact of imprisonment on Aylett's family, a matter that had not been raised before the Magistrate. The respondent did not object to the new evidence or seek to cross-examine Aylett, raising questions about whether Aylett should have anticipated the importance of this evidence and whether his solicitor should have raised it earlier. The court was tasked with determining whether the admission of this evidence caused any unfairness to Aylett and whether the sentence imposed was appropriate.

The court considered the significance of the evidence regarding the impact of imprisonment on Aylett's family, alongside the need for deterrence due to Aylett's previous offence. The court also evaluated whether the sentence should be suspended under section 38 of the Criminal Law (Sentencing) Act 1988 (SA). After weighing these factors, the court concluded that the original sentence was excessively harsh and allowed the appeal. A revised sentence of 14 days' imprisonment was imposed, but the court decided against suspending the sentence.

In summary, the court found the original sentence to be manifestly excessive and reduced it to 14 days' imprisonment, while also considering the factors pertinent to Aylett's circumstances. The court did not suspend the sentence, maintaining that it was necessary to uphold the deterrence aspect of sentencing despite the personal hardships it would cause Aylett and his family.