SUPREME COURT OF SOUTH AUSTRALIA
(Full Court)
G, JJ v POLICE
[2012] SASCFC 139
Judgment of The Full Court
(The Honourable Justice Gray, The Honourable Justice Peek and The Honourable Justice Nicholson)
20 December 2012
CRIMINAL LAW - SENTENCE - SENTENCING OF JUVENILES - NON-CUSTODIAL ORDERS
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS - NATURE AND CIRCUMSTANCES OF OFFENDER - AGE OF OFFENDER - YOUNG OFFENDER
CRIMINAL LAW - SENTENCE - SENTENCING OF JUVENILES - OTHER MATTERS
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - SENTENCE
The defendant and appellant pleaded guilty in the Youth Court to three counts of aggravated driving without due care, contrary to section 45 of the Road Traffic Act 1961 (SA) - the one road accident caused injury to three people - the defendant received convictions for the three counts, was released on a six month good behaviour bond and his driver's licence was disqualified for two years - whether the circumstances of the accident gave rise to the one offence of aggravated careless driving - whether the charges the subject of the three counts were duplicitous - whether the defendant should have been sentenced by way of family conference pursuant to section 17 of the Young Offenders Act 1993 (SA).
Held per Gray J (Peek and Nicholson JJ concurring): Appeal allowed - the circumstances gave rise to the one offence of aggravated careless driving - the charges the subject of three counts were duplicitous - the Youth Court Judge sentenced the defendant on the basis of a material misunderstanding of the law that the defendant had committed three offences; not one - matter not appropriate to be referred to a family conference - convictions recorded by the Youth Court Judge and the sentence imposed set aside - no conviction recorded - a sentence of community service of 120 hours imposed - defendant disqualified from holding or obtaining a driver's licence for a period of 18 months - the order for disqualification backdated to commence on 8 August 2012 - no order for costs.
Road Traffic Act 1961 (SA) s 45; Acts Interpretation Act 1915 (SA) s 26; Young Offenders Act 1993 (SA) s 3, s 4, s 6, s 7, s 12 and s 17; Criminal Law (Sentencing) Act 1988 (SA) s 16, referred to.
R v Police (2002) 224 LSJS 210; Police v G, PA (2007) 97 SASR 6; Yardley v Betts (1979) 22 SASR 108; Vartzokas v Zanker (1989) 51 SASR 277, considered.
G, JJ v POLICE
[2012] SASCFC 139Full Court: Gray, Peek, Nicholson JJ
GRAY J.
This is an appeal against a sentence imposed by a Youth Court Judge.
The Judge, following pleas of guilty to three counts of aggravated driving without due care contrary to section 45 of the Road Traffic Act 1961 (SA), convicted the defendant and appellant. The defendant was released on a six month good behaviour bond. A driver’s licence disqualification for two years was imposed.
The defendant, a male youth aged…
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- Case
- [2012] SASCFC 139
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Full Court were whether the circumstances of the accident gave rise to a single offence of aggravated careless driving, whether the charges as laid were duplicitous, and whether JJ should have been sentenced by way of a family conference under the Young Offenders Act 1993 (SA). The Court was required to determine the appropriate sentencing disposition for a young offender in these circumstances.
Gray J, with whom Peek and Nicholson JJ concurred, held that the circumstances of the accident constituted only one offence of aggravated careless driving and that the three counts were duplicitous. The Court found that the Youth Court Judge had sentenced JJ on the basis of a material misunderstanding that he had committed three separate offences. While the Court agreed that a family conference was not appropriate in this instance, it set aside the convictions and the sentence imposed by the Youth Court. Instead, no conviction was recorded, a sentence of 120 hours of community service was imposed, and JJ was disqualified from holding or obtaining a driver's licence for 18 months, with the disqualification backdated to commence on 8 August 2012. No order for costs was made.
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Ratio Decidendi
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Established by: GRAY J, NICHOLSON JJ
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