Banks v Tasmania

Banks appealed against a sentence of 18 months' imprisonment with a non-parole period of 9 months imposed by the Supreme Court of Tasmania. The appeal concerned the severity of the sentence for dangerous driving, which had recently become a criminal offence under the *Criminal Code* rather than a summary offence. The appellant's conduct involved erratic and high-speed driving during a prolonged police pursuit, culminating in physical intervention to stop the vehicle when it was stationary at a traffic light. The appellant also had relevant prior convictions.

The central legal issue before the Full Court of the Supreme Court of Tasmania was whether the sentence imposed was manifestly excessive or inadequate, thereby justifying interference on appeal. The Court was required to consider the nature and seriousness of the dangerous driving, the appellant's criminal history, and the relevance of pending charges for evading police and driving without a licence, which had not yet been finalised in a lower court.

The Court reasoned that the appellant's driving constituted a serious instance of dangerous driving, particularly given the length of the pursuit and the need for physical intervention. The Court acknowledged the appellant's prior convictions as a relevant factor in sentencing. While the pending charges were noted, the Court ultimately found that the sentence of 18 months' imprisonment with a non-parole period of 9 months was not manifestly excessive, considering the gravity of the offence and the appellant's history. The appeal was dismissed.