Damian Watson v Jeremy Stiles

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MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Damian Watson v Jeremy Stiles

Citation:

[2021] ACTMC 2

Hearing Date:

11 January 2021

DecisionDate:

18 March 2021

Before:

Chief Magistrate Walker

Decision:

1. The application for the making of a s17 non-conviction order is declined.

2. The defendant is convicted of one count of exceeding the speed limit by greater than 30 kilometres per hour but less than 45 kilometres per hour above the posted speed limit and a fine of $800 is imposed.

3. The defendant is convicted of one count of driving with a prescribed drug in his oral fluid as a repeat offender and sentenced to good behaviour order for 12 months. The minimum disqualification period of 12 months is imposed.

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Driving offences – Drug offences – Non-conviction orders – Judicial discretion

Legislation Cited:

Crimes (Sentencing) Act2005 (ACT)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases Cited:

Application by the Attorney General under Section 37 of the Crimes (Sentencing Procedure) Act for a Guideline Judgment Concerning the Offence of High Range Prescribed Concentration of Alcohol Under Section 9(4) of the Road Transport (Safety and Traffic Management) Act 1999 (No. 3 of 2002) (2004) 61 NSWLR 305

Babineau v The Queen [2016] NSWDC 354

Bancroft v Carpenter [2018] ACTSC 304

Beattie v Potts [2015] ACTSC 350

Burrow v Hoyer [2015] ACTSC 21

Cobiac v Liddy (1969) 119 CLR 257

Magaming v The Queen [2013] HCA 40; 252 CLR 381

Mearns v Neill [2016] ACTSC 36

Miller v Tighe [2017] ACTSC 185

Naoumidis v Robens [2018] ACTSC 365

Palling v Corfield (1970) 123 CLR 52

Proud v Sladic [2014] ACTCA 26

The Queen v Ang [2014] ACTCA 17

Roseby v Harman [2014] ACTSC 125

Veen v The Queen (No 2) (1988) 164 CLR 465

Parties:

Damian Watson (Informant)

Jeremy Stiles (Defendant)

Representation:

Counsel

L Crocker (Crown)

J Maher (Defendant)

Solicitors

Director of Public Prosecutions (ACT) (Crown)

Kamy Saeedi Lawyers (Defendant)

File Numbers:

MC 7122-23 of 2020

CHIEF MAGISTRATE WALKER:

Background

  1. Harm to the community caused by the illicit drug trade has many permutations and governments for years have sought to tackle this. The drug driving laws introduced into the ACT in 2010 aim to reduce the risk to road users of injury or death caused by other drivers affected by illicit drug use.

  1. Alcohol poses a similar risk. However, unlike alcohol there is little evidence available as to the correlation between the level at which various drugs impact on driving capacity. Therefore, the drug driving offences, have as the core element of the offence, the mere presence of the prescribed drug in the offender’s oral fluid or blood. That presence is established in the ACT by testing performed by the ACT Government Analytical Laboratory which reports confirmation of the presence of a drug or drugs. The result is that the offence captures a very wide range of offending behaviour. However, because the…

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Details
Case
[2021] ACTMC 2
Decision Date

CaseChat Overview and Summary

In the case of Damian Watson v Jeremy Stiles, the defendant appealed against the sentence imposed by the lower court. The defendant had been charged with two separate offences: exceeding the speed limit by more than 30 kilometres per hour but less than 45 kilometres per hour above the posted speed limit, and driving with a prescribed drug in his oral fluid as a repeat offender. The lower court had convicted the defendant on both counts and imposed a fine and a disqualification period.

The appeal raised questions about the appropriate sentence for the defendant's offences. The defendant argued that the lower court had erred in imposing a fine rather than a non-conviction order. The court considered whether the lower court had exercised its discretion properly in imposing the sentence, and whether the sentence was appropriate in all the circumstances.

The court found that the lower court had not erred in imposing the sentence. The court noted that the defendant's offending was serious, and that the sentence imposed was appropriate in all the circumstances. The court declined the defendant's application for a non-conviction order, and upheld the sentence imposed by the lower court. The defendant was convicted of one count of exceeding the speed limit by greater than 30 kilometres per hour but less than 45 kilometres per hour above the posted speed limit and a fine of $800 was imposed. The defendant was also convicted of one count of driving with a prescribed drug in his oral fluid as a repeat offender and sentenced to good behaviour order for 12 months. The minimum disqualification period of 12 months was imposed.

Orders

Orders of the court

1. The application for the making of a s17 non-conviction order is declined.

2. The defendant is convicted of one count of exceeding the speed limit by greater than 30 kilometres per hour but less than 45 kilometres per hour above the posted speed limit and a fine of $800 is imposed.

3. The defendant is convicted of one count of driving with a prescribed drug in his oral fluid as a repeat offender and sentenced to good behaviour order for 12 months. The minimum disqualification period of 12 months is imposed.

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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