JAMIESON v Police

Jamieson appealed against the sentence imposed by the magistrate. The appellant had pleaded guilty to illegal use, failing to obey a reasonable direction of a police officer, and driving in a manner dangerous. The magistrate sentenced the appellant to 10 months imprisonment, suspended after one month, for illegal use. The appellant had demonstrated rehabilitation between the commission of the offences and sentencing. The appellant was in employment which would be lost if the custodial sentence required to be served immediately. The term of imprisonment was appropriate given the seriousness of the offence.

The appeal centred around the magistrate's decision not to suspend the entire sentence of imprisonment. The court had to determine whether the magistrate's decision was appropriate under the circumstances and whether the appellant's rehabilitation and employment status warranted a full suspension of the sentence. The court also had to consider whether the punishment and deterrence requirements were met by the sentence.

The court found that the punishment and deterrence requirements were met by the imposition of the sentence of imprisonment. The particular circumstances of the appellant made suspension appropriate. The appellant had demonstrated rehabilitation and was in employment which would be lost if the custodial sentence required to be served immediately. The court found that the magistrate had erred in failing to suspend the entire sentence. The court allowed the appeal and set aside the order of the magistrate that the appellant serve one month of the sentence. In lieu thereof, the court imposed a sentence of 10 months imprisonment, to commence on 3 August 2004, and suspended that sentence wholly upon the appellant entering into a bond in the sum of $400 to be of good behaviour for a period of 18 months. The other orders made by the magistrate, including orders for licence disqualification, fines and compensation, were to stand.