Hammond v Road Transport Authority

Matthew Hammond has appealed against a decision made by the Magistrates Court regarding his application for a special licence following a high-range drink driving offence. The application was rejected by the Magistrate, who also imposed a 2-year licence suspension and ordered community service. The appeal concerns only the denial of the special licence application. The appeal was heard by Justice Connolly, who dismissed the appeal on the basis that the Magistrate had exercised his discretion appropriately in accordance with the legislation.

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.