Barac v Thexton

Barac appealed against her conviction and sentence imposed by the Magistrates Court of the ACT. The appeal centred on the severity of her sentence and the disqualification period from holding a licence. The appellant argued that the sentence imposed was too severe given her personal circumstances, including the impact on her family and employment. She also sought to adduce further evidence, which she had not properly submitted in accordance with the relevant court rules.

The court was required to determine whether the appeal had jurisdiction and if the appellant had complied with the procedural requirements to adduce further evidence. The court also needed to assess the severity of the sentence in light of the appellant's personal circumstances and whether the sentence was proportionate to the offence. Additionally, the court had to consider if the disqualification period from holding a licence was appropriate given the appellant's circumstances.

The court found that while the appellant had not strictly complied with the procedural requirements to adduce further evidence, it exercised its discretion to allow the evidence to be presented. The court then considered the evidence presented and concluded that the personal hardship imposed on the appellant warranted a reduction in the disqualification period from holding a licence. The court also determined that the total sentence, including the fine, was too lenient given the nature of the offence and the appellant's status as a repeat offender. Consequently, the court upheld the appeal, confirmed the conviction, set aside the original sentences, and imposed a new fine of $800 along with a reduced disqualification period of six months.

ORDERS:

1. The appeal be upheld.
2. The conviction is confirmed.
3. The sentences be set aside.
4. A fine of $800 be imposed and to be paid to the Magistrates Court within 3 months of today.
5. The Appellant be disqualified from holding or obtaining a licence to drive a motor vehicle for 6 months.