Piper v Hall

[2013] ACTSC 207

MADELEINE PIPER v JASON HALL
 [2013] ACTSC 207 (16 August 2013)

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – Appeal against disqualification from driving – Level 3 drink-driving offence – disqualification period manifestly excessive having regard to subjective circumstances of appellant and range of disqualification periods applied in similar cases – appeal upheld – appellant re-sentenced.

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – licence suspension period served by appellant under suspension notice before Magistrates Court sentencing – legislative provision for suspension period to be set off against disqualification imposed in sentencing – appellant’s service of suspension period not mentioned in Magistrates Court or on appeal – administrators refused to set off suspension  period against specified disqualification – sentence corrected to clarify that suspension period was to be set off against disqualification.

STATUTES – ACTS OF PARLIAMENT – Interpretation – s 35(2) of the Road Transport (Alcohol and Drugs) Act 1977 (ACT) – provision expressed not to apply if a court makes a particular finding is not thereby rendered inapplicable unless a court makes the contrary finding.

Crimes (Sentencing) Act 2005 (ACT) s 61
Road Transport (Alcohol and Drugs) Act 1977 (ACT) ss 19, 35

Mwauluka v Turkich [2013] ACTSC 1

EX TEMPORE JUDGMENT

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. SCA 27 of 2012

Judge:             Penfold J
Supreme Court of the ACT

Date:              16 August 2013

IN THE SUPREME COURT OF THE     )
  )          No. SCA 27 of 2012
AUSTRALIAN CAPITAL TERRITORY )

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:

MADELEINE PIPER         Appellant

AND:

JASON DAVID HALL       Respondent

ORDER

Judge:  Penfold J
Date:  16 August 2013
Place:  Canberra

THE COURT ORDERS THAT:

The sentence imposed on 23 November 2012 is corrected, to the extent that it disqualified the appellant from driving, as follows:

1. The appellant is disqualified from driving for 12 months.

2. No finding is made for the purposes of section 35(3) of the Road Transport (Alcohol and Drugs) Act 1977 (ACT) that the appellant did not comply with her immediate suspension notice.

3. The period of disqualification remaining to be served is a period calculated by deducting, from 12 months, the total of the following periods:

   (a)in accordance with section 35(2) of the Road Transport (Alcohol and Drugs) Act – 65 days served under the suspension order issued on 21 January 2012;

   (b)eight days served after the appellant was sentenced in the Magistrates Court and before her appeal was lodged;

   (c)the period between the appellant’s re-sentencing on 23 November 2012 and 16 August 2013. 

4. The period of disqualification is to end at the expiration of the period that:

   (a)is calculated under Order 3 (that is, 12 months less the total of the periods specified in Order 3(a), (b) and (c)); and

   (b)starts on 16 August 2013.

IN THE SUPREME COURT OF THE     )
  )          No. SCA 27 of 2012
AUSTRALIAN CAPITAL TERRITORY )

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL…