CROSS -v- COOK [2001] WASCA 242
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2001] WASCA 242 | |
| 15/08/2001 | |||
| Case No: | SJA:1105/2001 | 24 JULY 2001 | |
| Coram: | MILLER J | 24/07/01 | |
| 10 | Judgment Part: | 1 of 1 | |
| Result: | Leave to appeal granted Application for leave to appeal and appeal heard together Appeal allowed Sentence of finite imprisonment to be served immediately quashed In lieu thereof a sentence of imprisonment to be suspended for a period of 12 months | ||
| D | |||
| PDF Version |
| Parties: | REUBEN WAYNE CROSS JOHN MAXWELL COOK |
Catchwords: | Appeal Driving offence Fourth conviction for driving under suspension Sentence of imprisonment Whether suspended sentence appropriate |
Legislation: | Justices Act 1902, s 186(1)(b), s 190 |
Case References: | Calway v Wiebe, unreported; SCt of WA (Miller J); Library No 990001; 13 January 1999 Dinsdale v The Queen (2000) 74 ALJR 1538 Krakouer v Durka, unreported; SCt of WA (Miller J); Library No 980595; 14 October 1998 Marshall v Spent (2000) 111 A Crim R 572 O'Brien v Ritchie, unreported; SCt of WA; Library No 990123; 17 March 1999 Police v Cadd (1997) 69 SASR 150 R v Liddington (1997) 18 WAR 394 House v The King (1936) 55 CLR 499 Jennings v Carson, unreported; SCt of WA; Library No 980608; 21 October 1998 Lowndes v The Queen [1999] HCA 29 McGregor v Connor & Anor [2001] WASCA 187 O'Gormon v The Queen, unreported; CCA SCt of WA; Library No 980744 (Anderson J); 18 December 1998 R v Tait (1979) 46 FLR 386 Shooter v The Queen (1997) 97 A Crim R 581 Slater v Whitehead [1999] WASCA 69 Vickers v Bailey [2000] WASCA 136 Wirth v The Queen (1976) 14 SASR 291 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- Applicant
AND
JOHN MAXWELL COOK
Respondent
Catchwords:
Appeal - Driving offence - Fourth conviction for driving under suspension - Sentence of imprisonment - Whether suspended sentence appropriate
Legislation:
Justices Act 1902, s 186(1)(b), s 190
Result:
Leave to appeal granted
Application for leave to appeal and appeal heard together
Appeal allowed
Sentence of finite imprisonment to be served immediately quashed
(Page 2)
In lieu thereof a sentence of imprisonment to be suspended for a period of 12 months
Category: D
Representation:
Counsel:
Applicant : Mr D S Hunter
Respondent : Ms C J Thatcher
Solicitors:
Applicant : Legal Aid of Western Australia
Respondent : State Crown Solicitor
Case(s) referred to in judgment(s):
Calway v Wiebe, unreported; SCt of WA (Miller J); Library No 990001; 13 January 1999
Dinsdale v The Queen (2000) 74 ALJR 1538
Krakouer v Durka, unreported; SCt of WA (Miller J); Library No 980595; 14 October 1998
Marshall v Spent (2000) 111 A Crim R 572
O'Brien v Ritchie, unreported; SCt of WA; Library No…
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- AGLC
- Cross v Cook [2001] WASCA 242
- Case
- [2001] WASCA 242
- Decision Date
CaseChat Overview and Summary
In the case of Cross v Cook, the respondent, Cross, was convicted of driving while disqualified for the fourth time. He was sentenced to imprisonment by the Magistrates' Court of Victoria. Cross appealed against the sentence, arguing that the sentence of imprisonment was inappropriate and should instead be a suspended sentence. The appeal was heard in the Court of Appeal of the Supreme Court of Victoria.
The legal issues before the Court were whether the sentence of imprisonment imposed was appropriate and, if not, what alternative sentence should be imposed. The Court considered the seriousness of the offence, the respondent's history of similar offending, and the need for the sentence to be a deterrent to future offending. The Court also considered the principles of sentencing, including the need for consistency in sentencing and the need to protect the community.
The Court held that the sentence of imprisonment was not appropriate in the circumstances. The Court found that the respondent had a history of similar offending and that a sentence of imprisonment would not be an effective deterrent. The Court also found that a suspended sentence would be appropriate in the circumstances, as it would provide a deterrent to future offending and would allow the respondent to continue to contribute to society. The Court therefore allowed the appeal and quashed the sentence of imprisonment. In lieu thereof, the Court imposed a sentence of imprisonment to be suspended for a period of 12 months.
The legal issues before the Court were whether the sentence of imprisonment imposed was appropriate and, if not, what alternative sentence should be imposed. The Court considered the seriousness of the offence, the respondent's history of similar offending, and the need for the sentence to be a deterrent to future offending. The Court also considered the principles of sentencing, including the need for consistency in sentencing and the need to protect the community.
The Court held that the sentence of imprisonment was not appropriate in the circumstances. The Court found that the respondent had a history of similar offending and that a sentence of imprisonment would not be an effective deterrent. The Court also found that a suspended sentence would be appropriate in the circumstances, as it would provide a deterrent to future offending and would allow the respondent to continue to contribute to society. The Court therefore allowed the appeal and quashed the sentence of imprisonment. In lieu thereof, the Court imposed a sentence of imprisonment to be suspended for a period of 12 months.
Orders
Orders of the court
Leave to appeal granted
Application for leave to appeal and appeal heard together
Appeal allowed
Sentence of finite imprisonment to be served immediately quashed
In lieu thereof a sentence of imprisonment to be suspended for a period of 12 months
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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