SUPREME COURT OF SOUTH AUSTRALIA
(Magistrates Appeals: Criminal)
D'ANIELLO v POLICE
[2009] SASC 172
Judgment of The Honourable Justice Gray
12 June 2009
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - EXTENSION OF TIME FOR APPEAL
MAGISTRATES - JURISDICTION AND PROCEDURE GENERALLY - PROCEDURE - ORDERS AND CONVICTIONS - SENTENCING - RELEVANT FACTORS
Appeal against sentence - appellant pleaded guilty to offence of driving in a manner dangerous to the public contrary to section 46 of the Road Traffic Act 1961 (SA) - Magistrate sentenced appellant to suspended term of imprisonment of four months and disqualified him from holding or obtaining a driver’s licence for a period of 18 months - appellant aged 19 years at time of offending - whether sentence manifestly excessive - appellant’s appeal lodged 18 months after date of sentence - appellant not aware of right of appeal - whether extension of time appropriate due to appellant’s youth and position.
Held: appeal dismissed - gravity of appellant’s offending warranted a term of imprisonment - appropriate to suspend the term of imprisonment - extension of time not granted.
Road Traffic Act 1961 (SA) s 46, referred to.
Joanni v Police [2004] SASC 225; Graham v Decman (Unreported, Queensland Court of Appeal, Fitzgerald P, Thomas and White JJ, 29 November 1996), considered.
D'ANIELLO v POLICE
[2009] SASC 172Magistrates Appeal
GRAY J:
This is an appeal against sentence.
On 29 October 2007 Adrian D’Aniello, the defendant and appellant, pleaded guilty to the offence of driving a motor vehicle in a manner that was dangerous to the public, contrary to section 46 of the Road Traffic Act 1961 (SA). The Magistrate sentenced the defendant to a suspended term of imprisonment of four months and disqualified him from holding or obtaining a driver’s licence for a period of 18 months. The suspended sentence bond required the defendant to be of good behaviour for two years, to be under the supervision of a correctional services officer for a period of six months, and to undergo programs that may be directed by that officer, including anger management programs.
The offence occurred at Millicent on Saturday 3 February 2007. At or about 8:10 pm the defendant was driving on Mount Gambier Road in a built up area. There were four passengers in his vehicle. Another motorist following the defendant overtook the defendant’s vehicle. That driver noted that when the passing manoeuvre was complete, the defendant’s vehicle sped up and came into contact with the rear end of his vehicle. As the other vehicle continued to travel along Mount Gambier Road, the defendant’s vehicle attempted to pass on the left. When the defendant’s vehicle was about level with the other vehicle, the defendant moved to his right and his vehicle came into contact with the other vehicle’s passenger side mirror causing minor damage. The defendant’s vehicle continued to veer to its right toward the other vehicle, causing the other vehicle to move onto the incorrect side of…
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- [2009] SASC 172
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CaseChat Overview and Summary
The court held that the gravity of D’Aniello’s offending warranted a term of imprisonment and that it was appropriate for the Magistrate to suspend the term. The court considered the nature of the offence, which involved a “road rage” incident where D’Aniello used his vehicle to harass another driver, causing damage to the other vehicle. The court noted that such conduct endangered the safety and lives of passengers in D’Aniello’s vehicle as well as other road users, justifying a sentence of imprisonment. The court found that the Magistrate appropriately took into account D’Aniello’s personal circumstances, including his plea of guilty and his age, and that there was no error in the exercise of the Magistrate’s discretion. The court also considered the decision in Graham v Decman, where similar conduct was deemed serious, justifying a suspended term of imprisonment.
Given that the sentence imposed was considered to be within the Magistrate’s discretion and that D’Aniello had largely served the sentence, the court decided not to grant an extension of time for appeal. The appeal was dismissed, and the sentence upheld. The court’s decision emphasised the importance of general deterrence in cases involving dangerous driving, particularly incidents of road rage.
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