MATTHEW HAMMOND v ROAD TRANSPORT AUTHORITY & ANOR
[2006] ACTSC 125 (8 December 2006)
APPEAL FROM MAGISTRATES COURT - Drink driving – application for special licence – high range offence – five prior offences – bus driver – no justification for special licence.
EX TEMPORE JUDGMENT
ON APPEAL FROM THE MAGISTRATES COURT
No SCA 55 of 2006
Judge: Connolly J
Supreme Court of the ACT
Date: 8 December 2006
IN THE SUPREME COURT OF THE )
) No. SCA 55 of 2006
AUSTRALIAN CAPITAL TERRITORY )
ON APPEAL FROM THE MAGISTRATES COURT
BETWEEN:MATTHEW HAMMOND
Appellant
AND:ROAD TRANSPORT AUTHORITY
First Respondent
AUSTRALIAN FEDERAL POLICE
Second Respondent
ORDER
Judge: Connolly J
Date: 8 December 2006
Place: Canberra
THE COURT ORDERS THAT:
the appeal be dismissed.
This is an application by way of appeal from a decision of Magistrate Burns who, on 10 October 2006, sentenced the appellant in relation to a high range drink driving offence. At the time of the sentencing he was also confronted with an application for a special licence which he rejected.
The appeal to this Court is not in relation to the sentence and disposition of the offence, and I would say as well it ought not to have been, the disposition in relation to the drink drive offence which was a 0.235 blood alcohol reading was in the nature of community service and a 2 year licence suspension.
I have just been doing the bail list and have seen a Queanbeyan, New South Wales, second offender high range PCA who had a suspended gaol sentence in relation to his second drink drive offence, albeit his first high range drink drive offence. The sentencing disposition by the Magistrate is not appealed, nor should it be, it was entirely within range.
In relation to the application for the special licence, the Magistrate paid significant regard to the appellant’s prior record of offending. It seems to me that he was entirely right in doing so. The structure of the legislation relating to drink driving reflects the increasing legislative concern in relation to the risks of such conduct. It is obvious to say that anyone driving on a public road with a blood alcohol reading of 0.235 is fortunate indeed to be sentenced by a court rather than being dead having driven the car into another car, or killed somebody else. 0.235 driving is extremely dangerous behaviour which kills and maims drivers and innocent members of the community.
There is in the ACT a provision that a person who has otherwise suffered the penalty of having their licence being cancelled or suspended may make an application for a restricted licence. There was a time when this was a common feature of road traffic legislation around the country, but as counsel reminded me this morning, it is now the situation that it is only in the Australian Capital Territory and Tasmania that such a provision remains. It is clear from reg 47 of the Road Transport Driver Licensing Regulations
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- Case
- [2006] ACTSC 125
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the appellant's history of drink driving offences, coupled with his status as a professional bus driver, constituted exceptional circumstances justifying the grant of a special licence. The court emphasised that the grant of a special licence is contingent upon the demonstration of exceptional circumstances, and that the primary concern of the legislation is public safety. The appellant's record of five drink driving offences over a span of nearly 30 years, including four high-range offences over 22 years, was deemed significant. The court held that the appellant's employment as a professional driver, while it may be at risk due to the suspension of his licence, did not outweigh the importance of public safety. The court concluded that the appellant's extensive history of drink driving offences, particularly the high-range readings, did not justify the grant of a special licence.
Justice Connolly concluded that the Magistrate was correct in rejecting the appellant's application for a special licence. The court supported the Magistrate's view that it would shock the public conscience to allow someone with such a driving record to continue driving a public bus. The court's decision was based on the principle that public safety is paramount and that a person with a significant history of high-range drink driving offences could not justify the issuing of a special licence. Therefore, the appeal was dismissed.
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