Burow v Hoyer

Case [2015] ACTSC 21


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Luke Burow v Damon Hoyer

Citation:

[2015] ACTSC 21

Hearing Date(s):

29 August 2014

DecisionDate:

20 February 2015

Before:

Refshauge J

Decision:

1.   The appeal is dismissed.

2.   The parties be heard as to any consequential orders that should be made.

Category:

Principal Judgment

Catchwords:

CRIMINAL LAW – JURISDICTION – Appeal from the Magistrates Court — Driving offences — Driving with prescribed concentration of alcohol in the blood (PCA offence) — High range prescribed concentration of alcohol — Road Transport (General) Act 1999 (ACT) — Road Transport (Alcohol and Drugs) Act 1977 (ACT)

Traffic Law — Licensing of drivers — Disqualification — On conviction — Automatic disqualification — Default disqualification period — Maximum penalties — Imposed by legislation — Imposed by court order

Statutory interpretation — Explanatory statement — NSW Guideline Judgement — Statutory amendment — Crimes Legislation Amendment Act 2013 (ACT)

Legislation Cited:

Australian Citizenship Act 2007 (Cth), s 34

Confiscation of Criminal Assets Act 2003 (ACT), s 58
Crimes (Child Sex Offender) Act 2005 (ACT), s 8
Crimes Legislation Amendment Act 2013 (ACT), s 39
Crimes (Sentencing) Act 2005 (ACT), s 17
Crimes (Sentencing Procedures) Act 1999 (NSW), s 37
Financial Management Act 1996 (ACT), s 81
Magistrates Court Act 1930 (ACT), ss 207, 208, 216, Pt 3.10, Div 3.10.2
Motor Traffic Act 1936 (ACT)
Motor Traffic (Alcohol and Drugs) (Amendment) Act 1997 (ACT)
NSW Safety and Traffic Management) Act 1999 (NSW), s 9(3), 9(4)
Prostitution Act 1992 (ACT), s 15
Road Transport (Alcohol and Drugs) Act 1977 (ACT), ss 4E,19(1), 26, 27, 28, 31, 32, 33, 34, 35,
Road Transport (Driver Licensing) Act 1999 (ACT), ss 11, 31(3),
Road Transport (General) Act 1999 (ACT), ss 61B, 62, 63, 64, 65, 66
Road Transport (General) Act 1999 (NSW), ss 24, 25
Road Transport Legislation Amendment Act 1999 (ACT), ss 32, 33
Road Transport (Safety and Traffic Management) Act 1999 (ACT), s 5A, 5B, 6, 7, 8
Supreme Court Act 1933 (ACT), s 20(1)(a)

Road Transport (Driver Licensing) Regulation 2000 (ACT), ss 91, 92, 101

Motor Traffic Ordinance 1926 (ACT), s 52(1)
Motor Traffic Ordinance 1932 (ACT), s 56
Motor Traffic Ordinance 1936 (ACT), s 67(2)
Motor Traffic (Alcohol and Drugs) Ordinance 1977 (ACT)

Cases Cited:

Achilleos v Housing Commission [1960] VR 164

Application by the Attorney-General under section 37 of the Crimes (Sentencing Procedures) Act for a Guideline Judgment concerning the Offence of High Range Prescribed Concentration of Alcohol under section 9(4) of Road Transport (Safety and Traffic Management) Act 1999 (No 3 of 2002) (2004) 61 NSWLR 305
Barac v Thexton [2008] ACTSC 137
Bloxham v Wyte (2013) 278 FLR 365
CDJ v VAJ (1998) 197 CLR 172
Evans v Shiels (2004) 145 A Crim R 337 (Connolly J).
FAI Properties Pty Ltd v Apostolopoulos (2002) 169 FLR 232
Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 240 CLR 503
Green v The Queen (2011) 244 CLR 462
Holdings Ltd (2012) 250…

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AGLC
Burow v Hoyer [2015] ACTSC 21
Case
[2015] ACTSC 21
Decision Date

CaseChat Overview and Summary

Burow v Hoyer involved an appeal against a conviction for driving with a high range prescribed concentration of alcohol in the blood. The case was heard in the Magistrates Court of the Australian Capital Territory. The respondent, Burow, was found guilty of driving with a blood alcohol concentration exceeding the legal limit under the Road Transport (General) Act 1999 and the Road Transport (Alcohol and Drugs) Act 1977. The respondent appealed the decision, arguing that the explanatory statement accompanying the statutory amendment in the Crimes Legislation Amendment Act 2013 was misleading.

The central legal issues revolved around the interpretation of the statutory amendment and whether the explanatory statement accompanying the amendment misled the respondent. The court had to determine whether the statutory amendment was correctly interpreted and whether the explanatory statement constituted a misleading document that could have influenced the respondent's decision to appeal.

The court concluded that the statutory amendment was correctly interpreted and that the explanatory statement did not mislead the respondent. The court held that the respondent's appeal was without merit, and the conviction and penalties imposed by the Magistrates Court were upheld. The court also noted that the respondent should be heard regarding any consequential orders that should follow from the dismissal of the appeal.

In light of the findings, the court dismissed the appeal and directed that the parties be heard regarding any consequential orders. The court's decision underscores the importance of statutory interpretation and the role of explanatory statements in legislative processes, highlighting that such statements do not alter the meaning of the legislation they accompany.

Orders

Orders of the court

1. The appeal is dismissed.

2. The parties be heard as to any consequential orders that should be made.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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