JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CIVIL
CITATION: HEATON -v- MOULDEN & ORS [2004] WASCA 29
CORAM: ROBERTS-SMITH J
HEARD: 5 FEBRUARY 2004
DELIVERED : 4 MARCH 2004
FILE NO/S: SJA 1101 of 2003
BETWEEN: STEPHEN JOHN HEATON
Appellant
AND
RANDALL PHILLIP MOULDEN
First RespondentCHRISTINA JANET JOHNSTON
Second RespondentDAVID JAMES VINCENT
Third Respondent
Catchwords:
Sentencing - Road Traffic Act - Five offences of driving under suspension - Seven previous convictions for driving under suspension - Driving unlicensed vehicle - Driving vehicle with false number plates - Refusal to order eligibility for parole - Whether parole eligibility should have been ordered
Legislation:
Road Traffic Act 1974 (WA), s 49(1)
Sentencing Act 1995 (WA), s 89
Result:
Appeal dismissed
Category: B
Representation:
Counsel:
Appellant: In person
First Respondent : Ms L J Dias
Second Respondent : Ms L J Dias
Third Respondent : Ms L J Dias
Solicitors:
Appellant: In person
First Respondent : State Crown Solicitor
Second Respondent : State Crown Solicitor
Third Respondent : State Crown Solicitor
Case(s) referred to in judgment(s):
Cardillo v Taylor (1999) 29 MVR 301
Cunningham v Walsh [2000] WASCA 201
McLean v The Queen [1999] WASCA 209
Nebro v Duxbury (2000) 31 MVR 499
Swain v The Queen (1989) 41 A Crim R 214
Thompson v The Queen (1992) 8 WAR 387
Veen v The Queen (No 2) (1988) 164 CLR 465
Wongawol v The Queen (1998) 101 A Crim R 350
Case(s) also cited:
Australian Coal & Shale Employees Federation v Commonwealth (1953) 94 CLR 621
Chan v The Queen (1989) 38 A Crim R 337
Herbert v The Queen (2003) 27 WAR 330
House v The King (1936) 55 CLR 499
Jarvis v The Queen (1993) 20 WAR 201
R v Peterson [1984] WAR 329
R v Tait (1979) 46 FLR 386
ROBERTS-SMITH J: The appellant appeals against the refusal of a Magistrate to order that he be eligible for parole following his conviction upon his pleas of guilty in the Court of Petty Sessions at Perth to a number of charges in respect of which the learned Magistrate, Mr W Tarr SM, sentenced him to imprisonment for 17 months.
Leave to appeal was granted by Miller J on 20 October 2003 on the grounds that:
"(a)The learned Magistrate erred in law in refusing to grant parole;
(b)That the failure to grant parole was unjust, harsh and oppressive having regard to:
(i)the fact that the applicant was in work;
(ii)the fact that the applicant had a dependent family, and
(iii)the applicant's history of offending and antecedents generally."
The appellant appeared before the learned Magistrate on 6 August 2003 and pleaded guilty to five counts of driving under suspension, contrary to s 49(1) and (2)(a)(iii) of the Road Traffic Act 1974 (WA) ("the RTA"), three counts of driving an unlicensed vehicle contrary to s 15(3) of the RTA, three counts of driving a vehicle with false number plates, contrary to s 97(f)(iii) RTA and one count of…
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- AGLC
- Heaton v Moulden [2004] WASCA 29
- Case
- [2004] WASCA 29
- Decision Date
CaseChat Overview and Summary
The court considered the principles of sentencing under the Road Traffic Act, focusing on the deterrence and denunciation aspects. The judge emphasised the appellant's persistent disregard for the law and the community's need for protection. The court noted the appellant's history of similar offences, which indicated a pattern of behaviour that warranted a stringent response. The appellant's arguments for parole eligibility were centred on his potential for rehabilitation and the impact of incarceration on his family. However, the court found that the cumulative effect of the appellant's actions and his repeated breaches of the law outweighed the arguments for parole eligibility. The court upheld the decision of the trial judge, ruling that ordering parole eligibility was not warranted given the circumstances.
In light of the above, the appeal was dismissed. The court reaffirmed the trial judge's sentencing decision, concluding that the sentence imposed was appropriate given the appellant's history and the nature of the offences. The court underscored the importance of maintaining public safety and the need for strong deterrent measures in cases involving repeated driving under suspension. The final orders of the court confirmed the sentence imposed by the trial judge, without altering the requirement for parole eligibility.
Orders
Orders of the court
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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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