Przybytniak v Police

Przybytniak appealed against a sentence imposed by a magistrate. She was charged with driving with an alcohol concentration of.083g in 100ml of blood, exceeding the prescribed limit of.05g. The appellant pleaded guilty and was fined $500 and disqualified from holding a driver's licence for six months. The appellant's appeal focused on whether the offence was trifling and if the sentence was excessive. The court considered the statutory provisions under the Road Traffic Act and the Criminal Law (Sentencing) Act, which govern the penalty for such offences. The court found that the appellant's claims about the circumstances of the offence did not meet the threshold for being considered trifling. The appellant argued that her solicitor should have led evidence that the offence was trifling, but the court found that such evidence would not have altered the outcome. The appeal was dismissed, and the driving licence suspension order was reinstated.

The court concluded that the penalty imposed was the minimum allowable under the law and was appropriate given the statutory requirements. The driving licence suspension was reinstated, and the time to pay the fine and costs was extended to nine months.