Manitzky v Ryan

DISTRICT COURT OF QUEENSLAND

CITATION:	Manitzky v Ryan [2005] QDC 178
PARTIES:	GRAHAM REGINALD MANITZKY

Appellant

v

RAYLEEN RYAN

Respondent

FILE NO/S:	BD3415/2004
DIVISION:
PROCEEDING:	Appeal
ORIGINATING  COURT:	Magistrates Court, Brisbane
DELIVERED ON:
DELIVERED AT:	Brisbane
HEARING DATE:	7 March 2005
JUDGE:	Nase DCJ
ORDER:	1. Appeal upheld.
2. The orders made in the Magistrates Court on 14 September 2004 are hereby varied in that –

(a)

The period of disqualification is enlarged to 14 July 2005;

(b)

By order directing that the appellant be issued with a restricted driver’s licence. The restricted licence is subject to the following restrictions:

(i)	the only vehicle that may be driven is a registered taxi cab number T41798; and
(ii)	the said vehicle may only be driven while actively working as a taxi or directly returning home after completing a period of active work as a taxi.

3.  That the Respondent pay the Appellant’s costs of the appeal fixed in the sum of $1,500.00. It is ordered the said costs be paid initially to the Registrar of the District Court at Brisbane within 30 days of today; and thereafter be transmitted by the Registrar to the appellant.

COUNSEL:	G S Andrew for the appellant M Hungerford-Symes for the respondent
SOLICITORS:	Russo Lawyers for the appellant Director of Public Prosecutions for the respondent.

1. This is an appeal from two orders made in the Magistrates Court at Brisbane on 14 September 2004 on a plea of guilty to an offence of driving a motor vehicle with a blood alcohol concentration between .05 percent and .15 percent contrary to s 79(2) Transport Operations (Road Use Management) Act 1995 (“TORUM”).[1] The date of this offence was 23 July 2004.

   [1]            The offence is commonly described as driving over the general alcohol limit but not over the high alcohol limit.

2. The first order appealed from is the sentence order of a fine of $800 and an order of disqualification for eight months. The second order appealed from is a refusal to grant the appellant a restricted (work) licence pursuant to s 87 TORUM.

3. The essential facts placed before the Magistrates Court on sentence are as follows. The appellant, a Graham Reginald Manitzky, is a self-employed owner taxi driver. He normally drives the taxi Monday to Friday, working approximately 58 hours per week. The taxi is driven on the weekend by other drivers. After finishing work on the Friday (23 July 2004) he visited a hotel with a friend. He drove to and from the hotel in his private vehicle. After leaving the hotel he hit a parked Energex truck. The Energex vehicle was undamaged however his vehicle suffered substantial damage. He left the scene of the Energex truck incident and drove to a friend’s place. His taxi was at the friend’s place. He rested a number of hours at the friend’s place before setting off for his residence in the taxi. Although he was driving the taxi he was not working. During this journey he…