ROSSITER -v- FRANCISTY & ANOR [2005] WASC 270
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2005] WASC 270 | |
| Case No: | SJA:1094/2005 | 11 NOVEMBER 2005 | |
| Coram: | MCKECHNIE J | 11/11/05 | |
| 11 | Judgment Part: | 1 of 1 | |
| Result: | Appeal allowed Sentences made concurrent | ||
| D | |||
| PDF Version |
| Parties: | LESLIE JAMES ROSSITER RENAT FRANCISTY AUBREY FULLMAN |
Catchwords: | Road traffic, multiple offences of driving under suspension Table of sentences commonly imposed for driving while suspended Present sentences manifestly excessive |
Legislation: | Nil |
Case References: | Nil Nil |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CIVIL
- Appellant
AND
RENAT FRANCISTY
First Respondent
AUBREY FULLMAN
Second Respondent
(Page 2)
ON APPEAL FROM:
For File No : SJA 1094 of 2005
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram : MR P HEANEY SM
Date : 11 March 2005
File No : JO 7323 of 2004, PE 15771 of 2005
For File No : SJA 1094 of 2005
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram : MR C ROBERTS SM
Date : 29 March 2005
File No : MI 1941 of 2005, MI 2369 of 2005
Catchwords:
Road traffic, multiple offences of driving under suspension - Table of sentences commonly imposed for driving while suspended - Present sentences manifestly excessive
Legislation:
Nil
Result:
Appeal allowed
Sentences made concurrent
(Page 3)
Category: D
Representation:
Counsel:
Appellant : In person
First Respondent : Mr S M Murphy
Second Respondent : Mr S M Murphy
Solicitors:
Appellant : In person
First Respondent : State Solicitor for the State of Western Australia
Second Respondent : State Solicitor for the State of Western Australia
Case(s) referred to in judgment(s):
Nil
Case(s) also cited:
Nil
(Page 4)
- MCKECHNIE J:
Assistance of the respondent
1 I should first make particular mention of the stance of the respondent who, at relatively short notice, has provided considerable assistance in enabling me to deal with the matter. The respondent does not oppose my hearing the applications together, including the appeal. This is the latest in a series of cases where the State Solicitor, or the DPP, at short notice, has been prepared to assist in the expedition of appropriate cases. This contribution to the administration of justice should be acknowledged.
2 This is an application for bail and also an application for an extension of time and for leave to appeal the series of sentences imposed upon the appellant on successive occasions, the net result being that the appellant was sentenced to a term of imprisonment for 14 months and 1 day.
3 The appellant requires an extension of time which is not opposed. The chronology, which I take substantially from the respondents' outline, is this: the appellant has a very bad driving record but has not, it would appear, committed driving offences from about…
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- Rossiter v Francisty [2005] WASC 270
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- [2005] WASC 270
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CaseChat Overview and Summary
The court acknowledged the respondent's assistance in expediting the case and found that the appellant's cumulative sentences were excessive. The court considered the appellant's criminal history and the need for strong deterrence for persistent driving while suspended offences. The court noted that the appellant's last two sentences were made cumulative upon the earlier sentences, which was an error. The court allowed the appeal, set aside the order that made the last two sentences cumulative, and ordered that they be served concurrently with the earlier sentences of 8 months' imprisonment. The court found that the appellant had already served the adjusted sentence and therefore did not need to grant bail.
In summary, the court allowed the appeal and set aside the order that made the last two sentences cumulative. The court ordered that the last two sentences be served concurrently with the earlier sentences of 8 months' imprisonment. The court found that the appellant had already served the adjusted sentence and did not need to grant bail.
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