JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CIVIL
CITATION: MASON -v- MORRISON [2004] WASCA 181
CORAM: MILLER J
HEARD: 5 AUGUST 2004
DELIVERED : 13 AUGUST 2004
FILE NO/S: SJA 1036 of 2004
MATTER :Justices Act 1902
BETWEEN: GARY SHANE MASON
Appellant
AND
ARTHUR EDWARD MORRISON
Respondent
ON APPEAL FROM:
Jurisdiction : COURT OF PETTY SESSIONS
Coram :MR K FISHER SM
File Number : CO 4 & CO 5 of 2004
Catchwords:
Appeal - Driving offences - Tenth offence of driving under the influence of liquor - Twelfth offence of driving whilst under suspension - Sentence of imprisonment suspended by Magistrate - Whether a suspension appropriate - Whether mistake in sentencing process calls for resentencing - Appropriate sentences
Legislation:
Road Traffic Act 1974 (WA), s 105
Result:
Appeals allowed
Suspended sentences set aside
Sentence of 9 months' imprisonment to be served immediately imposed on each count, such sentences to be served concurrently
Category: B
Representation:
Counsel:
Appellant: Mr A J Sefton
Respondent: Ms M R Barone
Solicitors:
Appellant: State Solicitor
Respondent: Aboriginal Legal Service
Case(s) referred to in judgment(s):
Calway v Wiebe, unreported; SCt of WA (Miller J); Library No 990001; 13 January 1999
Dinsdale v The Queen (2000) 202 CLR 321
Krakouer v Durka, unreported; SCt of WA (Miller J); Library No 980595; 14 October 1998
Lowndes v The Queen (1999) 195 CLR 665
Police v Cadd & Ors (1997) 69 SASR 150
R v Clarke (1996) 85 A Crim R 114
R v Payne [2004] SASC 160
Case(s) also cited:
Dragic v Burrows [2000] WASCA 385
House v The King (1936) 55 CLR 499
Marshall v Spent (2000) 111 A Crim R 572
Stewart v Waghorn (1999) 107 A Crim R 288
MILLER J:
The respondent was charged in the Court of Petty Sessions at Collie on 5 January 2004 with two offences. The first was that on 1 January 2004 at Collie he drive a motor vehicle on Forrest Street, Collie whilst under the influence of alcohol to such an extent to be incapable of having proper control of the vehicle contrary to the provisions of s 63(1) of the Road Traffic Act 1974 (WA). The second was that on the same day and at the same place he drive a motor vehicle while without being the holder of the appropriate driver's licence for that class of vehicle and whilst legally disentitled to hold a driver's licence contrary to the provisions of s 49(1)(a) and s 49(2)(a)(iii) of the Road Traffic Act.
After a number of remands in the Court of Petty Sessions at Collie the respondent was brought before the Court on 31 March 2004 at which time he pleaded guilty to both offences. After hearing the facts and a plea in mitigation of penalty Mr Kelvin Fisher SM sentenced the respondent to 18 months' imprisonment in relation to the drink driving offence and 12 months' imprisonment in relation…
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- AGLC
- Mason v Morrison [2004] WASCA 181
- Case
- [2004] WASCA 181
- Decision Date
CaseChat Overview and Summary
The primary legal issues that the court needed to address were whether the sentence of imprisonment was suitable for Mason's repeated and serious driving offences and whether any mistake in the sentencing process warranted a resentencing. The court examined the principles of sentencing, particularly the need for deterrence and the protection of the community, given Mason's extensive history of driving under the influence and while his license was suspended. The court also had to consider whether the magistrate's decision to suspend the sentence was in error and whether this constituted a mistake in the sentencing process that required intervention.
In delivering its judgment, the court concluded that the sentence of imprisonment imposed by the magistrate was indeed appropriate, given the severity and frequency of Mason's driving offences. The court held that the magistrate's decision to suspend the sentence was not a mistake that warranted resentencing. The court found that the sentence reflected the need for both deterrence and the protection of the community, considering Mason's repeated disregard for the law. The court affirmed the magistrate's decision, finding that the sentence was appropriate and did not require any alteration.
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