Patterson v Cutler

Case [2010] WASC 316


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CRIMINAL

CITATION:   PATTERSON -v- CUTLER [2010] WASC 316

CORAM:   SIMMONDS J

HEARD:   1 & 18 OCTOBER 2010

DELIVERED          :   10 NOVEMBER 2010

FILE NO/S:   SJA 1082 of 2010

BETWEEN:   DEAN ANTHONY PATTERSON

Appellant

AND

GLENN WILLIAM CUTLER
Respondent

ON APPEAL FROM:

Jurisdiction              :  MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram  :MAGISTRATE M E PONTIFEX

File No  :BS 854 of 2010, BS 855 of 2010, BS 856 of 2010, BS 857 of 2010

Catchwords:

Criminal law - Appeal against sentence - Driving under the influence of alcohol - Driving while disentitled - Driving unlicensed vehicle - Driving vehicle with false number plates - Sentences of 12 and 6 months immediate imprisonment for DUI and driving while disentitled offences respectively - Whether error in fact or in law in approach to whether or not to suspend sentences of imprisonment - Whether immediate sentence of imprisonment of 12 months for DUI offence manifestly excessive - Turns on own facts

Legislation:

Criminal Appeals Act 2004 (WA), s 14
Road Traffic Act 1974 (WA), s 15, s 49, s 63, s 97
Sentencing Act 1995 (WA), s 39, s 76, s 81, s 84A

Result:

Appeal allowed
Appellant re-sentenced

Category:    B

Representation:

Counsel:

Appellant:     Mr S B Watters

Respondent:     Mr M B Danger

Solicitors:

Appellant:     Thames Legal

Respondent:     State Solicitor for Western Australia

Case(s) referred to in judgment(s):

Abdullah v Mills [2008] WASC 128

Anderson v Heath [2005] WASC 253

Anderson v Little [2009] WASC 143

Anderson v Stilwell [2006] WASC 257

Auburn v Sears (Unreported, WASC, Library No 970508, 2 October 1997)

Bell v Wesley [2007] WASC 264; (2007) 180 A Crim R 122

Chan v The Queen (1989) 38 A Crim R 337

Chinnery v Hansen [2001] WASCA 349; (2001) 125 A Crim R 426

Cross v Cook [2001] WASCA 242

Dinsdale v The Queen [2000] HCA 54; (2000) 202 CLR 321

Dragon v The State of Western Australia [2008] WASCA 252

Findlay v The State of Western Australia [2007] WASC 61

Griekspoor v Scott [2000] WASCA 419; (2000) 23 WAR 530

Jennings v Carson (Unreported, WASC, Library No 980608, 21 October 1998)

Joyce v Gee [2010] WASC 76

Logan v Kuser [2008] WASC 65

Mason v Morrison [2004] WASCA 181

Matthews v Whalley [2010] WASCA 165

McDonald v White [2007] WASCA 213

Mieli v Beros [2006] WASC 294

Moody v French [2008] WASCA 67; (2008) 36 WAR 393

Nguyen v Espinoza [1999] WASCA 87

O'Brien v Ritchie (Unreported, WASC, Library No 990123, 17 March 1999)

R v Baldock [2010] WASCA 170

R v Tait (1979) 24 ALR 473

Reid v The State of Western Australia [2010] WASCA 70

Rossiter v Francisty [2005] WASC 270

Salkilld v The State of Western Australia [2010] WASCA 22

Samuels v The State of Western Australia [2005] WASCA 193; (2005) 30 WAR 473

Sheiner v Roberts [2009] WASC 281

Stewart v Waghorn [1999] WASCA 150; (1999) 107 A Crim R 288

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Patterson v Cutler [2010] WASC 316
Case
[2010] WASC 316
Decision Date

CaseChat Overview and Summary

In Patterson v Cutler, the appellant was convicted of driving under the influence of alcohol, driving while disentitled, driving an unlicensed vehicle, and driving a vehicle with false number plates. The appellant was sentenced to 12 months immediate imprisonment for the DUI offence and 6 months immediate imprisonment for the driving while disentitled offence. The appellant appealed the sentences, arguing that the sentences of immediate imprisonment were manifestly excessive and that there was an error in the approach to whether or not to suspend the sentences of imprisonment.

The court was required to determine whether there was an error in fact or in law in the approach to whether or not to suspend the sentences of imprisonment, and whether the immediate sentence of imprisonment of 12 months for the DUI offence was manifestly excessive. The court considered the nature and circumstances of the offences, the appellant's criminal history, and the principles of sentencing. The court held that there was no error in fact or in law in the approach to whether or not to suspend the sentences of imprisonment. The court also held that the immediate sentence of imprisonment of 12 months for the DUI offence was not manifestly excessive, given the seriousness of the offence and the need to deter the appellant and others from driving under the influence of alcohol.

The court dismissed the appeal and upheld the sentences of 12 and 6 months immediate imprisonment for the DUI and driving while disentitled offences respectively. The court noted that the appellant had a previous conviction for a similar offence, and that the offences were committed while the appellant was already on parole for another offence. The court also noted that the appellant had shown a disregard for the law and for the safety of other road users. The court held that the sentences reflected the seriousness of the offences and the need to protect the community.

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