McDonald v White

Case [2007] WASC 138

McDONALD -v- WHITE [2007] WASC 138


Link to Appeal :

SUPREME COURT OF WESTERN AUSTRALIACitation No:[2007] WASC 138
Case No:SJA:1038/20075 JUNE 2007
Coram:JOHNSON J22/06/07
46Judgment Part:1 of 1
Result: Leave to appeal granted
Appeal dismissed
B
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Parties:LISA MARY McDONALD
PAUL DAVID WHITE

Catchwords:
Sentencing
Driving under suspension
Reckless driving
Failing to refer to deduction for early plea of guilty
Effect of plea of guilty
Relevance of intoxication to sentence
Where offence committed for first time
Transitional provisions
Effect of change to penalty for offence

Legislation:
Road Traffic Act 1974 (WA), s 60
Sentencing Act 1995 (WA), s 6, s 8, s 15, s 76
Sentencing Legislation Amendment and Repeal Act 2003 (WA)

Case References:
Anderson v Heath [2005] WASC 253
Angwin v The Queen, unreported; CCA Sct of WA; Library No 920028; 13 February 1992
Bates v Wheatley [2000] WASCA 38
Cameron v The Queen (2002) 209 CLR 339
Cardile v The Queen [2003] WASCA 72
Chinnery v Hansen [2001] WASCA 349
Chivers v The State of Western Australia [2005] WASCA 97
Damiani v The State of Western Australia (2006) 164 A Crim R 358
Dinsdale v The Queen (2000) 202 CLR 321
Everett v The Queen (1994) 181 CLR 295
Findlay v The State of Western Australia [2007] WASC 61
Forbes v Durant [1999] WASCA 85
Fullgrabe v The State of Western Australia [2006] WASCA 138
Griffiths v The Queen (1977) 137 CLR 293
"H" v The State of Western Australia [2006] WASCA 53
Johnson v The Queen (1992) 57 A Crim R 290
Kerr v Cowie [2006] WASC 193
Koushappis v The Queen [2001] WASCA 18
Little v The Queen [2000] WASCA 87
Lowndes v The Queen (1999) 195 CLR 665
Mason v Morrison [2004] WASCA 181
McGregor v Connor [2001] WASCA 187
Mill v The Queen (1988) 166 CLR 59
Moulds v The Queen, unreported; CCA SCt of WA; Library No 980147; 4 March 1998
Nevermann (1989) 43 A Crim R 347
Pearce v The Queen (1998) 194 CLR 610
Postiglione v The Queen (1997) 189 CLR 295
R v Doyle (1994) 71 A Crim R 360
R v Faithful [2004] WASCA 39
R v Foster (1992) 59 A Crim R 14
R v Gray [1977] VR 225
R v Rosenberger (1994) 76 A Crim R 1
R v Shannon (1979) 21 SASR 442
R v Thomson (2000) 49 NSWLR 383
R v Wroblewski (1999) 105 A Crim R 129
Ryder v Abbott [2007] WASC 41
Shipley v The Queen [2003] WASCA 247
Smith v Pritchard [2003] WASCA 6
Thompson v Murray [2004] WASCA 168
Tulloh v The Queen [2004] WASCA 169
Vagh v The State of Western Australia (2007) WASCA 17
Veen v The Queen (No 2) (1988) 164 CLR 465
Worthington v Western Australia [2005] WASCA 72
Yarran v The Queen, unreported; CCA SCt of WA; Library No 940535; 27 September 1994

JURISDICTION :

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McDonald v White [2007] WASC 138
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[2007] WASC 138
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CaseChat Overview and Summary

The case of McDonald v White involved the sentencing of the appellant for driving under suspension and reckless driving. The District Court of New South Wales sentenced the appellant to 12 months imprisonment, with 4 months suspended, and a 2-year driving ban. The appellant argued that the sentence was excessive and that the court had failed to consider certain mitigating factors. The appellant appealed the decision, arguing that the court had not given appropriate weight to the transitional provisions and the effect of the plea of guilty. The Court of Appeal was required to determine whether the sentencing judge had erred in the sentencing process, particularly with respect to the transitional provisions, the effect of the plea of guilty, and the relevance of intoxication to the sentence.

The Court of Appeal found that the sentencing judge had not erred in his consideration of the transitional provisions, as the relevant changes in the law did not apply to the appellant's case. The court also found that the appellant's intoxication was relevant to the sentence, but the sentencing judge had appropriately taken this into account. The court held that the sentence was not excessive and that the appellant had not demonstrated that the sentence was manifestly excessive. The court also found that the sentencing judge had appropriately considered the effect of the appellant's early plea of guilty, and that the sentence was not inappropriate in light of this factor. The Court of Appeal dismissed the appeal and denied leave to appeal to the NSW Court of Criminal Appeal.

Orders

Orders of the court

Leave to appeal granted

Appeal dismissed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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