Poole v Edwards

Case [2016] ACTSC 159


HUMAN RIGHTS ACT 2004 (ACT)

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Poole v Edwards

Citation:

[2016] ACTSC 159

Hearing Date:

13 August 2015

DecisionDate:

11 July 2016

Before:

Refshauge J

Decision:

1.    The appeal is upheld.

2.    The finding of guilt in the Magistrates Court on 11 August 2014 of the charge of, being a repeat offender, Craig Kenneth Poole drove whilst disqualified, is confirmed.

3.    The conviction and sentence imposed on 22 September 2014 are set aside.

4.    In lieu, without proceeding to a conviction, Craig Kenneth Poole is required to sign an undertaking to comply with the offender’s good behaviour obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for two years from today.

Catchwords:

APPEAL – JURISDICTION, PRACTICE AND PROCEDURE – Appeal from Magistrates Court – Appeal against conviction – driving whilst disqualified – repeat offender– notice of disqualification not received – strict liability offence – excuse of honest and reasonable mistake – offender misunderstood period of disqualification – automatic period of disqualification – mistake of law – conviction confirmed

APPEAL – JURISDICTION, PRACTICE AND PROCEDURE – Appeal from Magistrates Court – Appeal against sentence – driving whilst disqualified – repeat offender – failure to consider offender’s honest belief that he was licensed – not driving with contumacious disregard for disqualification – sentence miscarried

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – resentencing – driving whilst disqualified – repeat offender – bad driving record – impact of disqualification on offender’s business – impact of disqualification on offender’s family – good character – offender’s honest belief that he was licensed – non-conviction order

EVIDENCE – JURISDICTION, PRACTICE AND PROCEDURE – Further evidence – reasonable explanation for the failure to adduce

Legislation Cited:

Crimes (Sentencing) Act 2005 (ACT), ss 7, 17, 33, 33(1)(o)

Crimes (Sentence Administration) Act 2005 (ACT)
Crimes (Sentencing Procedure) Act 1999 (NSW), s 54A
Criminal Code 2002 (ACT), s 36
Criminal Code Act 1899 (Qld), s 24
Evidence Act 2011 (ACT), s 4(2)
Human Rights Act 2004 (ACT), s 25
Magistrates Court Act 1930 (ACT), ss, 214, 216, Pt 3.10, Div 3.10.2
Road Transport (Driver Licensing) Act 1999 (ACT), ss 18, 32(1)(a), 32(2)(a), 32(5), 32(6), Div 2.3
Road Transport (Driver Licensing) Regulation 2000 (ACT), s 74

Court Procedures Rules 2006 (ACT), r 5193

Cases Cited:

Balthazaar v The Queen [2012] ACTCA 26

Charnock v Coady & Ors [2010] ACTSC 26
Cotter v Corvisy (2008) 1 ACTLR 299
Davis v Bates (1986) 43 SASR 149
Denton v Bodycoat [2000] WASCA 424
Egerton v Taylor (1996) 90 A Crim R 186
Grooms v Toohey (2012) 7 ACTLR 1
Illich v Young (2000) 32 MVR 354
Lukatela v Birch (2008) 223 FLR 1
McCaskie v Bagby (Unreported, Supreme Court of Western Australia, Wallace J, Library No 1534, 18 April 1975)
McKechnie v Jones (1976) 13 SASR 184
McKellar v Woolcock [2013] ACTSC 225
Minear v Rudrum [2001] WASCA 10
Pallett v Paul [2007] WASC 290
Peverill v Crampton [2010] ACTSC 79

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Poole v Edwards [2016] ACTSC 159
Case
[2016] ACTSC 159
Decision Date

CaseChat Overview and Summary

Craig Kenneth Poole, the appellant, sought to appeal against his conviction and sentence for driving while disqualified, a repeat offence. Poole was convicted and sentenced in the Magistrates Court of the Australian Capital Territory. Poole argued that he did not receive notice of his disqualification and thus did not know he was disqualified from driving at the time of the offence. He also argued that he genuinely believed he was licensed to drive at the time, and that the sentence was excessive.

The court was required to determine whether Poole's lack of notice of his disqualification could be considered an honest and reasonable mistake, excusing his strict liability offence. The court also needed to decide whether Poole's belief that he was licensed constituted a reasonable excuse for his actions. Additionally, the court had to assess whether the sentence was appropriate, considering Poole's honest belief that he was licensed, his good character, and the impact of the disqualification on his business and family.

The Court of Appeal found that Poole had not received notice of his disqualification, but this did not excuse his actions as it was a strict liability offence. However, Poole's honest belief that he was licensed, given his mistaken understanding of the disqualification period, was accepted as a reasonable excuse. The Court held that Poole did not drive with contumacious disregard for the law, as he genuinely believed he was licensed. Consequently, the conviction and sentence were set aside. In lieu of a conviction, Poole was required to sign an undertaking to comply with good behaviour obligations for two years.

The court ordered that Poole's conviction and sentence be set aside, and in their place, Poole must sign an undertaking to comply with good behaviour obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for two years from the date of the appeal decision. The finding of guilt was, however, confirmed.

Orders

Orders of the court

1. The appeal is upheld.

2. The finding of guilt in the Magistrates Court on 11 August 2014 of the charge of, being a repeat offender, Craig Kenneth Poole drove whilst disqualified, is confirmed.

3. The conviction and sentence imposed on 22 September 2014 are set aside.

4. In lieu, without proceeding to a conviction, Craig Kenneth Poole is required to sign an undertaking to comply with the offender’s good behaviour obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for two years from today.

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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