Road Transport Authority v Damien James Wade

DAMIAN JAMES WADE v MATTHEW JAMES WYNANTS and
ROAD TRANSPORT AUTHORITY v DAMIEN JAMES WADE
[2008] ACTSC 6 (5 February 2008)

CRIMINAL LAW – driving offences – sentencing

TRAFFIC LAW – licensing of drivers – criteria for authorising a restricted license – special and acceptable circumstances warranted issue of restricted license

TRAFFIC LAW – offences – particular offences – alcohol and drug related offences – level 3 PCA – good behaviour order with community service condition appropriate

MAGISTRATES – appeals from and control over magistrates – no error of law by magistrate

Magistrates Court Act 1930, s 216

Criminal Code Regulation 2005, Sch 1, Pt 1.1, Item 45

Road Transport (Driver Licensing) Regulation 2000, ss 47 and 48

Kent v Wilson [2000] VSC 98

R v Steggall (2005) A Crim R 402

Hammond v RTA [2006] ACTSC 125

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. SCA 71 of 2007
No. SCA 76 of 2007

Judge:             Higgins CJ
Supreme Court of the ACT

Date:              5 February 2008

IN THE SUPREME COURT OF THE       )
  )          No. SCA 71 of 2007
AUSTRALIAN CAPITAL TERRITORY    )          No. SCA 76 of 2007

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:DAMIAN JAMES WADE

Appellant

AND:MATTHEW JAMES WYNANTS

Respondent

AND:

BETWEEN:ROAD TRANSPORT AUTHORITY

Appellant

AND:DAMIEN JAMES WADE

Respondent

ORDER

Judge:  Higgins CJ
Date:  5 February 2008
Place:  Canberra

THE COURT ORDERS THAT:

1. The appeal, SCA 71 of 2007, be dismissed.

1. The appeal, SCA 76 of 2007, be dismissed.

1. SCA71 of 2007 is an appeal against a sentence imposed on the appellant on 9 August 2007 by Magistrate Fryer.  He had entered a plea of guilty to two charges, namely:

That he … on 14 January 2007 did possess a drug of dependence, to wit, methylamphetamine

and

That he …  on 14 January 2007 did drive a motor vehicle on a public street with level three alcohol in his blood.

1. There is also an appeal by the Road Transport Authority (RTA) (SCA 76 of 2007) against the grant by her Honour of authority to it to issue a restricted licence to drive a motor vehicle to the appellant.  To avoid confusion, Mr Wade will be referred to as “the appellant”.

1. On the first charge her Honour recorded a conviction and sentenced the appellant to six months imprisonment, fully suspended, upon his signing an undertaking to comply with a good behaviour order for a period of two years (that is, until 8 August 2009).  Additional conditions were that the appellant (1) give security of $1000; (2) accept supervision of and obey reasonable directions from the Director (now Chief Executive) of Corrective Services; and (3) perform 200 hours of community service.

1. On the second charge the appellant was sentenced to four months imprisonment, cumulative upon the previous sentence and also fully suspended upon a good behaviour order in the same terms as above.  His license to drive a motor vehicle was disqualified for 12 months (that…