Chilton v Police

The appellant has appealed against a sentence of six weeks imprisonment, unsuspended, imposed by a Magistrate for the offence of driving whilst disqualified. The appellant committed the offences of exceeding the speed limit and driving whilst disqualified on 14 May 2013. The Magistrate recorded convictions for both offences on 23 September 2013, levied an impounding fee but no fine on account of the speeding offence and imposed the prison term with respect to the drive whilst disqualified offence. The appellant was granted bail pending an appeal to this Court, notice of which was filed on 18 October 2013.

The legal issues for the Court to determine were whether the Magistrate erred in imposing a sentence of six weeks imprisonment, unsuspended, for the offence of driving whilst disqualified and whether the sentence imposed was manifestly excessive. The Court considered the appellant's criminal history, his circumstances at the time of the offending, and the need for general deterrence and denunciation in sentencing for this type of offence. The Court also considered the appellant's frankness and cooperation with the police at the time of his arrest.

The Court held that the Magistrate did not err in imposing a sentence of six weeks imprisonment, unsuspended, for the offence of driving whilst disqualified. The Court found that the appellant's criminal history, which involved mainly driving offences, warranted a sentence of imprisonment. The Court also found that the appellant's circumstances at the time of the offending, while difficult, did not warrant a sentence of imprisonment that was significantly lesser than the sentence imposed. The Court held that the sentence imposed was not manifestly excessive and that the appellant's frankness and cooperation with the police at the time of his arrest did not warrant a reduction in sentence.

The Court dismissed the appeal and affirmed the sentence of six weeks imprisonment, unsuspended, imposed by the Magistrate for the offence of driving whilst disqualified.