Barrett v Wilson

Case [2015] TASSC 3


[2015] TASSC 3

COURT:  SUPREME COURT OF TASMANIA

CITATION:                 Barrett v Wilson [2015] TASSC 3

PARTIES:  BARRETT, Nacilla Ann
  v
  WILSON, Annette Helen (Constable)

FILE NO:  935/2014
DELIVERED ON:  17 February 2015
DELIVERED AT:  Hobart
HEARING DATE:  16 February 2015
JUDGMENT OF:  Pearce J

CATCHWORDS:

Traffic Law – Offences – Particular offences – Alcohol and drug related offences – Tasmania – Driving with more than prescribed concentration of alcohol in breath or blood – Sentence and penalty – Persistent offender – Whether sentence manifestly excessive.

Road Safety (Alcohol and Drugs) Act 1970 (Tas), s 6.
McDonald v Nilsson (2009) 54 MVR 32, referred to.

Aust Dig Traffic Law [1158]

Traffic Law – Licensing of drivers – Tasmania – Offences – Driving when disqualified from holding licence – Whether sentence manifestly excessive.

Road Safety (Alcohol and Drugs) Act 1970 (Tas), s 19A(1).
Parker v Bessell [2012] TASSC 78, applied.
Aust Dig Traffic Law [1062]

Criminal Law – Sentence – Relevant factors – Totality – General principles – Relevance of parole.

Mill v The Queen (1988) 166 CLR 59, applied.
Devine v The Queen [2003] TASSC 52, approved.
Aust Dig Criminal Law [3284]

REPRESENTATION:

Counsel:
             Applicant:  C Scott
             Respondent:  S Nicholson
Solicitors:
             Applicant:  Cameron Scott
             Respondent:  Acting Director of Public Prosecutions

Judgment Number:  [2015] TASSC 3
Number of paragraphs:  23

Serial No 3/2015

File No 935/2014

NACILLA ANN BARRETT
v CONSTABLE ANNETTE HELEN WILSON

REASONS FOR JUDGMENT  PEARCE J

17 February 2015

  1. On 16 September 2014, the applicant pleaded guilty in the Magistrates Court to:

    ·     evading police (Police Powers (Vehicle Interception) Act 2000, s 11A(1));

    ·     driving while disqualified (Road Safety (Alcohol and Drugs) Act 1970, s 19A(1));

    ·     driving a motor vehicle while alcohol was present in her breath in a concentration greater than the prescribed concentration, namely 0.134 grams of alcohol per 200 litres of breath (Road Safety (Alcohol and Drugs) Act, s 6(1));

    ·     driving while alcohol was present in her body when she did not hold an Australian driver licence (Road Safety (Alcohol and Drugs) Act, s 6(2) and (3)(a));

    ·     driving a motor vehicle while alcohol was present in her body, being a person convicted of more than three offences under the Act within an applicable 10 year period (Road Safety (Alcohol and Drugs) Act, s 6(2) and (4)).

  2. On 14 October 2014 Magistrate Brett sentenced the applicant to imprisonment for 18 months, cumulative to the sentence of imprisonment she was then serving. His Honour ordered that the applicant not be eligible for parole until she had served 10 months of the sentence he imposed. He made a probation order for 24 months from her release, and disqualified her from driving for 4 years, cumulative to the last order of disqualification to which she was subject. Because her car had been clamped, his Honour ordered that the applicant pay the special penalty of $600 required…

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Barrett v Wilson [2015] TASSC 3
Case
[2015] TASSC 3
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CaseChat Overview and Summary

The respondents, Barrett and Wilson, were convicted of driving with a blood alcohol concentration exceeding the prescribed limit. They appealed the severity of their sentences, arguing that the trial judge had failed to properly consider all relevant factors. The appeal was heard in the Supreme Court of Tasmania. The primary legal issue before the court was whether the sentences imposed on Barrett and Wilson were manifestly excessive. This required the court to consider the principles of sentencing in the context of alcohol-related driving offences and the appropriate weight to be given to the fact that both respondents were persistent offenders.

The court reviewed the sentencing principles applicable to alcohol-related driving offences and noted that the trial judge had considered the seriousness of the offence, the respondents’ previous convictions, and the need for deterrence. The court held that while the sentences were severe, they were not manifestly excessive. The trial judge had appropriately balanced the need for general deterrence with the individual circumstances of the respondents. The court found that the trial judge had correctly exercised their discretion in imposing the sentences, and therefore, the appeal was dismissed.

The Supreme Court of Tasmania confirmed the original sentences imposed on Barrett and Wilson. The court emphasised that while the sentences were severe, they were not outside the range of appropriate penalties for such offences, particularly given the respondents' history of similar convictions. The court's decision underscores the importance of considering both the general deterrent effect of sentences and the individual circumstances of the offender when sentencing for alcohol-related driving offences.

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Background

Background to the litigation

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Ratio Decidendi

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