Serial No 12/1990
List "A"
COURT: SUPREME COURT OF TASMANIA
CITATION: Dillon v Davies [1990] TASSC 18; A12/1990
PARTIES: DILLON
v
DAVIES
FILE NO/S: LCA 5/1990
DELIVERED ON: 14 May 1990
JUDGMENT OF: Cox J
Judgment Number: A12/1990
Number of paragraphs: 9
Serial No 12/1990
List "A"
File No LCA 5/1990
DILLON v DAVIES
REASONS FOR JUDGMENT COX J
14 May 1990
Notice to review the dismissal of an application pursuant to the Traffic Act 1925 (the Act), s36, for an order authorising the granting to the applicant of a restricted licence. He had been convicted on 23 February 1990 of an offence against the Road Safety (Alcohol and Drugs) Act 1970, s6, the reading being 0.175 grams of alcohol in 100 millilitres of blood and had been sentenced to a fine of $350.00 and disqualification for holding or obtaining a licence to drive a motor vehicle for a period of nine months.
The applicant is a married man aged 55 years, employed by his family company, Kingston Earth Works Pty Ltd, as the works' supervisor of its operations. On the day of the offence, namely 20 December 1989, he had attended a number of work sites where he drank a small amount of alcohol, it being the day on which his industry broke up for Christmas, and in the evening he attended the Kingston Beachside Hotel where he consumed more alcohol with members of his office staff. He was on his way to his home, which is a short distance from the hotel, when he was subjected to a random breath test and recorded the above reading. There was no suggestion that he drove in a hazardous way. If anything was remarkable about his driving it was his relatively slow speed.
The applicant had been driving nearly all his adult life in the course of his occupation. His prior convictions were:
Victoria
27. 2.70 Exceed 0.05% Fined $30.00 Disqualified 3 months
Tasmania
10. 6.76 Failed to Give Way Infringement Notice $15.00
2. 8.84 Failed to Wear Seat Belt Fined $10.00
10. 1.86 Exceed 0.05% (0.12%) Fined $100.00 Disqualified 6 months
Restricted Licence granted
14. 4.87 Parking Fined $20.00
This conviction thus represented his third drink–driving conviction and his third disqualification; otherwise his record was minor.
The learned magistrate accepted that the disqualification would cause the applicant severe and unusual hardship. There was also unchallenged medical evidence that the applicant was not alcohol dependent. In the course of submissions from the applicant's counsel, the learned magistrate adverted to the facts that the applicant had already been granted a restricted licence four years earlier, that he had over three times the maximum permissible concentration and that it could not be said that he was driving for some purpose which would evoke feelings of sympathy for him such as some urgent family matter. He also referred to the decision of Green CJ in re Stokman No 17/1978 ((1959-1995) 14 Tas R 68) for the proposition that in some cases it would be…
Continue reading Dillon v Davies
Sign in free to access the full text
- AGLC
- Dillon v Davies [1990] TASSC 18
- Case
- [1990] TASSC 18
- Decision Date
CaseChat Overview and Summary
The court considered the relevant statutory provisions, particularly section 36(4) of the Traffic Act, which sets out the conditions for granting a restricted licence. The court also noted the magistrate's consideration of the public interest in preserving the deterrent effect of disqualification orders, as well as the applicant's previous convictions and lack of deterrence from a previous restricted licence. The court found that the magistrate's decision was based on a proper consideration of the statutory criteria and the public interest, and that the applicant had not demonstrated any error in the magistrate's conclusion.
The court dismissed the notice to review, upholding the magistrate's decision to refuse the restricted licence. The court found that the applicant had not shown any error in the magistrate's conclusion that the exercise of the powers under section 36 of the Traffic Act would be contrary to the public interest, given the seriousness of the offence, the applicant's previous convictions, and the lack of any mitigating factors. The court held that the magistrate's decision was well-reasoned and in accordance with the statutory criteria and the relevant authorities.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.