Peck v Visser

Case [1999] TASSC 38


[1999] TASSC 38

PARTIES:  PECK, Michael Wayne
  v
  VISSER, Claas

TURNER, Paul John

TITLE OF COURT:  SUPREME COURT OF TASMANIA
JURISDICTION:  APPELLATE
FILE NO/S:  LCA 43/1998
DELIVERED:  1 April 1999
HEARING DATE/S:  23 March 1999
JUDGMENT OF:  Wright J

CATCHWORDS:

Magistrates - Appeal from and control of magistrates - Motion to review - The hearing - Review of sentence - Principles applicable - Totality and proportionality principles - Sentences of imprisonment and licence disqualification - Whether sentences manifestly excessive - Driver with bad record -Consideration of aggregate sentences.

Road Safety (Alcohol & Drugs) Act 1970 (Tas).
Veen v R (No 2) (1987 - 1988) 164 CLR 465, applied.
Harris v Walker (1996) 89 A Crim R 257; Brown v Stone B14/1995; Bessell v Riley B12/1995; R v O'Brien 43/1987; Jarvis v Brown and McDonald 120/1998, followed.
Grabovac (1997) 92 A Crim R 258; Hyland v R A82/1996; R v Faulkner (1972) 56 Cr App R 594, considered.
Devine v R (1992) 2 Tas R 167, distinguished.
Aust Dig Magistrates [272]

REPRESENTATION:

Counsel:
             Applicant:  C J Gunson
             Respondent:  H Virs
Solicitors:
             Applicant:  Abetz Curtis & Worsley
             Respondent:  Director of Public Prosecutions

Judgment category classification:
Judgment ID Number:  [1999] TASSC 38
Number of pages:  6

Serial No 38/1999
File No LCA 43/1998

MICHAEL WAYNE PECK v CLASS VISSER, PAUL JOHN TURNER

REASONS FOR JUDGMENT  WRIGHT J

1 April 1999

  1. On 6 October 1998 at the Court of Petty Sessions in Launceston, the applicant was convicted upon five complaints, the details of which are set out in the table hereunder.  The penalties imposed in respect of each offence are set out in the column headed "Penalty" and the maximum available penalty provided for in the Road Safety (Alcohol & Drugs) Act 1970 is set out in the column headed "Max Penalty".

"Comp No Charge Breach of Penalty Max Penalty
22604/97 Exceed 0.05% (0.166%) Sec 6(1), Road Safety (Alcohol & Drugs) Act 1970 12 mths imp
2 years disq

24 mths imp
24 mths disq (min)

72 mths disq (max)

Drive whilst disqualified Sec 19A(1), Road Safety (Alcohol & Drugs) Act 1970 6 mths imp (conc)
12 mths disq (conc)
6 mths imp
3 years disq
22674/98 Exceed 0.05% (0.20%) Sec 6(1), Road Safety (Alcohol & Drugs) Act 1970 Dismissed
Drive while alcohol in body no authority (0.20%) Sec 6(2), Road Safety (Alcohol & Drugs) Act 1970 12 mths imp
3 years disq

24 mths imp
24 mths disq (min)

72 mths disq (max)

Drive whilst disqualified Sec 19A(1), Road Safety (Alcohol & Drugs) Act 1970 6 mths imp (conc)
12 mths disq (conc)
6 mths imp
3 years disq
23891/97 Fail to appear Sec 5(4), Bail Act 1994 Convicted & disch
22694/98 Fail to wear seat belt Reg 8(1A)(a), Traffic (General & Local) Regs 1956 Convicted & disch
Drive whilst disqualified Sec 19A(1), Road Safety (Alcohol & Drugs) Act 1970 6 mths imp
12 mths disq
6 mths imp
3 years disq
Drive while alcohol in body no authority (0.219%) Sec…

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Peck v Visser [1999] TASSC 38
Case
[1999] TASSC 38
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CaseChat Overview and Summary

Peck v Visser is a case involving an appeal against a sentence imposed by the Court of Petty Sessions in Launceston. The applicant, Michael Wayne Peck, was convicted on multiple charges, including driving under the influence of alcohol and driving while disqualified, and was sentenced to imprisonment and licence disqualification. The legal issues before the Supreme Court of Tasmania were whether the sentences imposed were manifestly excessive and whether they offended the principles of totality and proportionality. The court considered the applicant's extensive criminal history, including multiple prior convictions for similar offences, and the need for deterrence and protection of society. The court found that while the sentences individually were not excessive, the cumulative effect of the penalties warranted review. The court confirmed the sentences of imprisonment but reduced the disqualification period to run concurrently with the pre-existing disqualification, starting from the date of the applicant's release from prison. The court thus varied the sentence to some extent but did not grant a full review.

Orders

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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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