McGhee v Stebbings - [2003] QDC 303

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DISTRICT COURT
APPELLATE JURISDICTION
JUDGE HOATH
No 1198 of 2003

ROBERT MCGHEE Appellant
and
CONSTABLE M STEBBINGS Respondent
BRISBANE
..DATE 25/08/2003
ORDER

25082003 SC (Hoath DCJ)

HIS HONOUR: This is an appeal under the provisions of section 1
222 of the Justices Act by the appellant Robert McGhee against
orders made in the Holland Park Magistrates Court on 31 March
2003.

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The appellant entered a plea of guilty to one charge of driving under the influence of liquor on 16 November 2002 with a concentration of 195 milligrams of alcohol per 100 ml of blood. That is a blood alcohol concentration of .195 per cent.

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The appellant is 74 years of age. He has no criminal history and in the words of the Magistrates had a very good prior traffic history. The learned Magistrate accepted that the appellant was a mature man, had contributed to the community, was of general good character and had pleaded guilty to the offence.

30

The learned Magistrate considered, however, that the high blood alcohol reading required him to deal with the matter seriously. The appellant was fined $900, to be paid within four months. In default of payment within that time, the appellant was ordered to serve 30 days' imprisonment. He was further disqualified from holding or obtaining a driver's licence for a period of 11 months. A conviction was recorded.

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The appellant appeals against the sentence on the grounds
that it was manifestly excessive. The appellant submits that
the loss of his licence has impacted upon his ability to

2 ORDER 60

25082003 SC (Hoath DCJ)

perform his music for various charities and clubs, his ability 1

to participate in various social and supporting commitments
has been curtailed and activities such as grocery shopping,
getting to the doctor, post office and bank become more
complicated. Those are matters which, to a more or lesser
degree, apply to most persons convicted of this type of
offence who then have their licence disqualified. 10

The respondent concedes that taking into account the antecedents and personal factors in favour of the appellant, a licence disqualification for a period exceeding six months is manifestly excessive.

20
It is submitted by the respondent that in terms of a fine for
an offence of this nature the appropriate range is $600 to
$1,000. 30

The appellant's outline of argument placed before me describes the financial hardship that the $900 fine will place on him.
40

Taking into account the high blood alcohol reading, the fine imposed by the learned Magistrate on the appellant although at the high end of the range was within an appropriate range.

Accordingly, I find that there is no basis to interfere with the fine imposed by the Magistrate.

50
I order that the appeal be allowed. The Magistrate's order
disqualifying the appellant from holding or obtaining a

3 ORDER 60

25082003 SC (Hoath DCJ)

driver's licence for a period of 11 months be set aside and 1
the appellant be disqualified from holding or obtaining a
driver's licence for a period of six months.

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4 ORDER 60

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McGhee v Stebbings [2003] QDC 303

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ROBERT MCGHEE	Appellant
and
CONSTABLE M STEBBINGS	Respondent
BRISBANE ..DATE 25/08/2003
ORDER

HIS HONOUR: This is an appeal under the provisions of section	1
222 of the Justices Act by the appellant Robert McGhee against orders made in the Holland Park Magistrates Court on 31 March 2003.

The appellant is 74 years of age. He has no criminal history and in the words of the Magistrates had a very good prior traffic history. The learned Magistrate accepted that the appellant was a mature man, had contributed to the community, was of general good character and had pleaded guilty to the offence.	30
The learned Magistrate considered, however, that the high blood alcohol reading required him to deal with the matter seriously. The appellant was fined $900, to be paid within four months. In default of payment within that time, the appellant was ordered to serve 30 days' imprisonment. He was further disqualified from holding or obtaining a driver's licence for a period of 11 months. A conviction was recorded.	40
50
The appellant appeals against the sentence on the grounds
that it was manifestly excessive. The appellant submits that
the loss of his licence has impacted upon his ability to

perform his music for various charities and clubs, his ability	1
to participate in various social and supporting commitments has been curtailed and activities such as grocery shopping, getting to the doctor, post office and bank become more complicated. Those are matters which, to a more or lesser degree, apply to most persons convicted of this type of offence who then have their licence disqualified.	10
The respondent concedes that taking into account the antecedents and personal factors in favour of the appellant, a licence disqualification for a period exceeding six months is manifestly excessive.	20
It is submitted by the respondent that in terms of a fine for an offence of this nature the appropriate range is $600 to $1,000.	30
The appellant's outline of argument placed before me describes the financial hardship that the $900 fine will place on him.
40
Taking into account the high blood alcohol reading, the fine imposed by the learned Magistrate on the appellant although at the high end of the range was within an appropriate range.
Accordingly, I find that there is no basis to interfere with the fine imposed by the Magistrate.	50
I order that the appeal be allowed. The Magistrate's order
disqualifying the appellant from holding or obtaining a

driver's licence for a period of 11 months be set aside and	1
the appellant be disqualified from holding or obtaining a driver's licence for a period of six months.