R v James (No 2) No. Sccrm-99-100 Judgment No. S454

[1999] SASC 454

[1999] SASC 454

R V JAMES (NO. 2)

Court of Criminal Appeal: Millhouse, Duggan and Lander JJ

1 MILLHOUSE J.  I agree.
2 DUGGAN J.         I agree.
3 LANDER J.     The appellant appealed against a sentence imposed upon him in the District Court.  On 21 September 1999 this Court allowed the appeal and set aside the sentence of imprisonment imposed by the sentencing Judge.  It substituted a lower head sentence and a shorter non parole period.
4 It was part of the sentence imposed by the sentencing Judge that the appellant should be disqualified from holding or obtaining a drivers licence for two years.  The sentencing Judge ordered that that disqualification should take place at the expiration of the non parole period namely 23 June 2002.
5 The order of this Court was to reduce the non parole period to two years and six months.  Neither party addressed any argument in relation to the question of licence disqualification which had to follow having regard to the offences for which the appellant was convicted.
6 It seems to me that there should be an amendment to that part of the order relating to the licence disqualification made by the sentencing Judge to bring it into line with the reduced non parole period.
7 I would therefore order that the licence disqualification of two years should take effect from the date upon which the appellant is released from prison on parole or on the completion of the term of the sentence of imprisonment, whichever is the earlier.
8 In all other respects I would confirm the order of this Court made on 21 September 1999.

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