R v Shambayati

[1999] QCA 12

99.12

COURT OF APPEAL
de JERSEY CJ
McMURDO P

McPHERSON JA

CA No 403 of 1998
THE QUEEN
v.

PAUL ARTHUR COAKE

BRISBANE
..DATE 05/02/99
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THE PRESIDENT: The applicant pleaded guilty in the District
Court at Townsville to one count of dangerous driving with a
circumstance of aggravation, namely that he had a blood
alcohol content of .201. The maximum penalty for this offence
is five years imprisonment. The applicant was sentenced to
two years imprisonment suspended after eight months with a two
year operational period. He was further disqualified from
holding or obtaining a driver's licence for three years.

The offence occurred in this way. Just as he was about to leave for Tasmania by air, the applicant became emotionally distressed when he learned that his ex de facto in Tasmania would not allow him to see their child. He cancelled the trip and then drank to excess, after which he drove his motor cycle at 2.40 p.m. on 27 April 1998.

Not surprisingly, with his blood alcohol, he was noticed by police and a police chase ensued at speeds of up to 120 kilometres per hour in a 60 kilometre per hour area. The applicant almost lost control of his bike at one time and drove through red lights at another. Other vehicles had to take evasive action to avoid a collision. He stopped when he finally lost control of the bike. He was then apprehended by police. Fortunately there was no property or personal damage but this is more through good luck than good management.

The applicant was 33 years old with a good work history. He
is now 34 years of age. His criminal history consisted of
minor drug offences over 10 years ago. His traffic history
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included one conviction for driving under the influence of
liquor in 1986.

There are serious aspects to this offence. The applicant knowingly created a potentially dangerous situation by driving his motor cycle whilst four times over the legal limit permitted and in those circumstances taking part in a police chase at high speeds in a suburban area in mid to early afternoon.

In my view, a deterrent sentence is necessary in such a case to stress to the community that dangerous driving, particularly in a police chase situation and whilst heavily under the influence of alcohol or drugs, will not be tolerated because of the potential danger created.

The consequences that will follow for those who take part in such conduct will usually include a prison sentence. The learned sentencing Judge was of a similar view. He took notice of the applicant's plea of guilty and the mitigating factors mentioned by defence counsel below and on this appeal.

The sentence of two years imprisonment was within the range. The mitigating factors including the guilty plea were properly reflected in the suspension of that sentence after eight months. I would not interfere with the sentence imposed below.

THE CHIEF JUSTICE: I agree.
050299 T7/BP17 M/T COA5/99

McPHERSON JA: I agree.

THE CHIEF JUSTICE: The application is refused.

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