SUPREME COURT OF SOUTH AUSTRALIA
(Magistrates Appeals: Criminal)
NATTRASS v POLICE
[2008] SASC 267
Judgment of The Honourable Justice Bleby
8 October 2008
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE
CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - JUDGMENT AND PUNISHMENT - SENTENCE - FACTORS TO BE TAKEN INTO ACCOUNT
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - PRACTICE AND PROCEDURE - SENTENCING
Appeal against sentence imposed by Magistrate following plea of guilty to aggravated driving without due care – appellant sentenced to three months imprisonment, suspended – appellant disqualified from holding or obtaining a driver’s licence for 18 months – whether alternative penalty of a fine available under s 18(a) Criminal Law (Sentencing) Act 1988 (SA) – whether sentence manifestly excessive – appellant drove when having difficulty seeing due to sun glare – lack of due care caused death of cyclist – effect of serious consequences on sentence – relevance of previous conviction for driving without due care when affected by sun glare – 50 years of otherwise incident free driving – requirement of driver’s licence for farming and truck driving businesses, and to transport wife to medical appointments – circumstances calling for merciful approach – appeal allowed - sentence of imprisonment confirmed – driver’s licence disqualification reduced to mandatory six months.
Road Traffic Act 1961 (SA) s 45, s 164; Criminal Law (Sentencing) Act 1988 (SA) s 3, s 10, s 11, s 15, s 16, s 18, s 39, referred to.
Philp v Bonney (1989) 50 SASR 531; Janz v Woolven (1990) 55 SASR 239; Cobiac v Liddy (1969) 119 CLR 257; R v Lowery (1992) 14 Cr App R 485; R v Penno (2004) 236 LSJS 457, applied.
WORDS AND PHRASES CONSIDERED/DEFINED
"penalty", "sentence"
NATTRASS v POLICE
[2008] SASC 267Magistrates Appeal
BLEBY J.
Introduction
This is an appeal against a sentence imposed in the Magistrates Court sitting at Mt Gambier.
The appellant, Leslie Nattrass, pleaded guilty to a charge of driving without due care. This was an aggravated offence, the aggravating factor being that the death of a person was caused. On 2 July 2008, Mr Nattrass was sentenced to three months imprisonment. The sentence was suspended upon Mr Nattrass entering into a three-year good behaviour bond. In addition, he was disqualified from holding or obtaining a driver’s licence for 18 months.
Circumstances of the offence
The offending occurred early on the morning of 7 February 2007 at Yahl, near Mt Gambier. The victim, Anita Mary Evans, was riding her bicycle along Caroline Road. She was travelling east, and riding on the left hand side of the road. Mr Nattrass was also driving his cattle truck east along Caroline Road. There was no oncoming traffic. Mr Nattrass’ vehicle struck Ms Evans and killed her almost instantly.
The accident happened on a straight and open stretch of road, close to the homes of both Ms Evans and Mr Nattrass.…
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- AGLC
- Nattrass v Police [2008] SASC 267
- Case
- [2008] SASC 267
- Decision Date
CaseChat Overview and Summary
The court reasoned that the Magistrate had no choice but to suspend the appellant’s driver’s licence for a period of at least six months. However, the court found that the Magistrate failed to give sufficient weight to the appellant’s personal circumstances, which justified intervention. The court noted the substantial hardship to the appellant and his wife due to the licence suspension. Consequently, the court decided to reduce the period of licence suspension to the minimum period of six months, starting from 12.01am on 3 July 2008. In all other respects, the sentence imposed by the Magistrates Court was confirmed. The appeal was therefore allowed, and the order for disqualification from holding or obtaining a driver’s licence for 18 months was set aside, being replaced with an order for a six-month disqualification.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: BLEBY J
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