Baxter v The Queen

[2002] QDC 249

DISTRICT COURT OF QUEENSLAND

CITATION:	Baxter v The Queen [2002] QDC 249
PARTIES:	ANDREW PHILLIP BAXTER

Applicant

and

THE QUEEN

Respondent

FILE NO/S:	398 of 2002
PROCEEDING:	Application for Removal of Licence Disqualification
ORIGINATING COURT:	District Court Southport
DELIVERED ON:	27 August 2002
DELIVERED AT:	Southport
HEARING DATE:	25 July 2002
JUDGE:	Newton DCJ
ORDER:	Application granted – period of disqualification reduced by 12 months – applicant permitted to obtain a driver’s licence on 7 January 2003
CATCHWORDS:	Criminal law – driving offences – dangerous driving causing grievous bodily harm whilst adversely affected by an intoxicating substance
Vehicles and traffic – licensing of drivers – application for removal of disqualification – s 131 of the Transport Operation (Road Use Management) Act 1995 – where original period of disqualification was five years – evidence of change of attitude by applicant towards his responsibilities as a motorist – evidence of financial difficulties of applicant arising since making of order of disqualification
COUNSEL:	Mr J Jacobson (solicitor) for the applicant Miss C McAnally for the respondent
SOLICITORS:	Jacobson Mahony for the applicant Queensland Director of Public Prosecutions Office for the respondent

[1]  The applicant pleaded guilty in the District Court at Southport on 7 January 1999 to one count of dangerous operation of a motor vehicle causing grievous bodily harm with a circumstance of aggravation namely, that at the time the applicant was adversely affected by an intoxicating substance (alcohol). A sentence of imprisonment for two-and-a-half years was imposed with the term to be suspended after six months for an operative period of three years. An order was made disqualifying the applicant from holding or obtaining a driver’s licence for a period of five years. The period of disqualification therefore terminates on 7 January 2004.

[2] The applicant now applies pursuant to the provisions of s 131(2)(a) of the Transport Operations (Road Use Management) Act 1995 (“the Act”) to remove the disqualification. A previous application was refused by His Honour Senior Judge Hanger on 20 April 2001. The applicant was precluded by the provisions of s 131(2D) of the Act from making a further application within one year after the date of the refusal of the previous application.

[3]  The circumstances of the offence were serious. In my sentencing remarks I observed that:

“You drove the complainant home from a nightclub in Surfers Paradise, and she noticed nothing unusual in your manner of driving on that occasion. You then drove the complainant’s vehicle, not your own vehicle, from the complainant’s residence out to the Hinze Dam and on that occasion you were, according to the complainant, driving fast but not so fast that she became scared. On the return trip from the Hinze Dam, however, you were told to slow down, which you did for a while, but you increased speed shortly thereafter. The complainant said nothing further at that stage.

When you reached the Robina Town Centre you entered a street known as Brabham Circuit. At that stage the complainant says that…