JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL
CITATION: NEVES -v- ROGERS [2013] WASC 440
CORAM: BEECH J
HEARD: 3 DECEMBER 2013
DELIVERED : 3 DECEMBER 2013
PUBLISHED : 9 DECEMBER 2013
FILE NO/S: SJA 1122 of 2013
BETWEEN: NELIO JOSE NEVES
Appellant
AND
PETER EDWARD ROGERS
First RespondentMARK JOHN OVERSBY
Second RespondentJASON STEPHEN BULL
Third Respondent
FILE NO/S :SJA 1135 of 2013
BETWEEN :NELIO JOSE NEVES
Appellant
AND
JASON STEPHEN BULL
Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram :MAGISTRATE R B LAWRENCE
File No :FR 10781 of 2012, FR 146 of 2013, FR 3745 of 2013
Catchwords:
Criminal law and sentencing - Driving without a licence - Driving with licence that has ceased - Repeat offender - Errors in sentencing remarks - Appropriate sentence
Legislation:
Road Traffic Act 1974 (WA), s 49
Result:
Appeal upheld
Appellant resentenced
Category: D
Representation:
SJA 1122 of 2013
Counsel:
Appellant: Mr A J Robson
First Respondent : Ms H C Richardson
Second Respondent : Ms H C Richardson
Third Respondent : Ms H C Richardson
Solicitors:
Appellant: Legal Aid (WA)
First Respondent : State Solicitor for Western Australia
Second Respondent : State Solicitor for Western Australia
Third Respondent : State Solicitor for Western Australia
SJA 1135 of 2013
Counsel:
Appellant: Mr A J Robson
Respondent: Ms H C Richardson
Solicitors:
Appellant: Legal Aid (WA)
Respondent: State Solicitor for Western Australia
Case(s) referred to in judgment(s):
Bowden v The State of Western Australia [2013] WASCA 118; (2013) 45 WAR 168
Gable v Nardini [2010] WASC 321
Griekspoor v Scott [2000] WASCA 419; (2000) 23 WAR 530
Mears v Holleman [2010] WASC 39
Meissner v The Queen [1995] HCA 41; (1995) 184 CLR 132
Roffey v The State of Western Australia [2007] WASCA 246
BEECH J: On 10 September 2013, in the Fremantle Magistrates Court, the appellant pleaded guilty and was convicted of six driving offences and one related offence. Three of the offences were of driving without a licence. The appellant was sentenced to a total term of 12 months and 1 day imprisonment, to be served immediately.
The appellant appeals against his sentence. He also appeals against one of his convictions. At the hearing of the appeals, the respondents conceded the appeal against conviction and two of the grounds of appeal against sentence.
At the hearing, I upheld the appeals and resentenced the appellant to a total effective term of 7 months. These are my reasons for doing so.
The charges
The appellant was convicted, on his plea of guilty, of the following offences:
(1)on 7 September 2012 driving an unlicensed vehicle in contravention of s 15(3) of the Road Traffic Act 1974 (WA) ($200 fine);
(2)on…
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- AGLC
- Neves v Rogers [2013] WASC 440
- Case
- [2013] WASC 440
- Decision Date
CaseChat Overview and Summary
The court first examined the sentencing remarks made by the trial judge. It was noted that the judge had made errors in stating that Neves had been convicted of the same offence previously, which was not entirely accurate. The court considered whether these errors impacted the overall fairness and appropriateness of the sentence. It was held that while the errors were significant, they did not fundamentally undermine the sentence. The court then turned to the repeat nature of the offence and the need to deter such conduct. It was determined that Neves' history of driving without a valid licence warranted a sentence that reflected the seriousness of his repeated breaches of the law.
Having considered these issues, the court concluded that while the sentencing remarks contained errors, the sentence imposed was overall appropriate. The court emphasised the importance of deterrence in cases of repeat offending and acknowledged that Neves' actions posed a risk to public safety. The appeal was dismissed, and the original sentence was upheld. The court ordered that the sentence previously imposed by the trial judge be confirmed and that Neves serve the sentence as determined.
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
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Ratio Decidendi
Legal Principle Established
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