Irving v Head

Melissa Irving, the appellant, appealed against her conviction and sentence imposed by the Magistrates Court of the ACT. Irving was convicted of driving with the prescribed concentration of alcohol and failing to stop at a stop line at a red light. The sentence included a fine and a disqualification from holding or obtaining a driver's licence for three years. Irving appealed both the conviction and the sentence. She argued that the sentence was excessive, constituting double punishment, and that the length of the licence disqualification was unjust. She also contended that the magistrate had used the driving offence as an aggravating feature of another offence, which was impermissible.

The court considered the appeal on its merits, focusing on the fairness and proportionality of the sentence. It was noted that the magistrate had not provided any reasons for the sentence, and there was no evidence that the court had considered the totality principle. The court held that the sentence was manifestly excessive and unjust, and that the licence disqualification period was not justified. The court also found that the magistrate had erred in using the driving offence as an aggravating feature of the other offence.

The appeal was allowed, and the convictions were confirmed. The sentences were set aside, and new sentences were imposed. Irving was fined $750 for driving with the prescribed concentration of alcohol and $350 for failing to stop at a red light. Additionally, she was ordered to pay court costs, a criminal injuries compensation levy, and a victim’s service levy. The licence disqualification period was reduced to two years, less the 89 days during which Irving did not drive. It was declared that the licence disqualification period would begin on 23 March 2016 and end on 25 September 2017.