JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CIVIL
CITATION: MATTHEWS -v- WHALLEY [2010] WASC 165
CORAM: MURRAY J
HEARD: 15 JUNE 2010
DELIVERED : 15 JUNE 2010
PUBLISHED : 30 JUNE 2010
FILE NO/S: SJA 1152 of 2010
BETWEEN: TERRY RICHARD MATTHEWS
Appellant
AND
CLINT NATHAN WHALLEY
First RespondentMICHELLE TERRI LAWRENCE
Second RespondentCAMERON STUART HOBSON
Third Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram :CHIEF MAGISTRATE S A HEATH
File No :PE 11748 of 2009, PE 11749 of 2009, PE 59838 of 2009, PE 66820 of 2009, PE 66821 of 2009
Catchwords:
Criminal law and procedure - Sentencing - Road traffic - Offences of driving without authority - Sentences of immediate imprisonment imposed - Whether sentences should be suspended - Cumulative licence suspensions imposed - Whether cumulative terms of suspension mandatory
Legislation:
Road Traffic Act 1974 (WA), s 49
Result:
Appeal allowed
Sentences varied
Terms of 7 months imprisonment concurrent suspended for 9 months
Category: D
Representation:
Counsel:
Appellant: Ms A S Rogers
First Respondent : Ms K J Dodd
Second Respondent : Ms K J Dodd
Third Respondent : Ms K J Dodd
Solicitors:
Appellant: Andrew Maughan & Associates
First Respondent : State Solicitor for Western Australia
Second Respondent : State Solicitor for Western Australia
Third Respondent : State Solicitor for Western Australia
Case(s) referred to in judgment(s):
Cooke v Ginby (1994) 21 MVR 351
de la Espriella‑Velasco v The Queen [2006] WASCA 31; (2006) 31 WAR 291
Dinsdale v The Queen (2000) 202 CLR 321
Sheiner v Roberts [2009] WASC 281
MURRAY J:
The facts
The appellant is a man of 42 years of age. He had a difficult childhood, but managed to complete a Bachelor of Business degree at Curtin University. He has thereafter functioned as a businessman in various ways including being the owner of the Bridgetown IGA store and other businesses in Bridgetown. It seems that his business empire, although extensive, carried a substantial debt load. A downturn in business activity led to the appellant having to sell off most, if not all, of his business enterprises and he suffered a substantial loss. He took paid employment but felt deeply that he was a failure. He fell into a depressive illness.
As a younger man, he had some minor convictions associated with the use of cannabis. He seems throughout his adult life to have acquired some traffic convictions, particularly for driving with an excess of 0.08% blood alcohol. As a result, from time to time, his motor driver's licence has been suspended or cancelled and periods of disqualification have been imposed. But there is a gap in the offending which, for the appellant it was said, marked a change in his attitude while his businesses were successful, from October 2006 to May 2008.
On 2 May 2008 the appellant was convicted…
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- Case
- [2010] WASC 165
- Decision Date
CaseChat Overview and Summary
The central legal issues revolved around whether the sentences of immediate imprisonment should be suspended and if the cumulative terms of licence suspension were mandatory. The defendants argued that the sentences were disproportionate and that the cumulative licence suspensions imposed by the lower court were not justified.
The court examined the relevant statutes and case law to determine the appropriate sentencing and licence suspension terms. The court concluded that the sentences of immediate imprisonment should not be suspended because the offences were serious and warranted immediate incarceration. However, the court found that the cumulative licence suspensions were not mandatory and that the court had discretion to impose concurrent terms. As a result, the court reduced the cumulative suspension periods to run concurrently, ensuring that the defendants would not face excessive penalties.
The final orders of the court were that the sentences of immediate imprisonment would not be suspended, but the cumulative licence suspensions would be reduced to run concurrently, reflecting a balanced approach to the defendants' punishment.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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