Scott v Wynants

Case [2009] ACTSC 62


HECTOR SCOTT v MATTHEW JAMES WYNANTS
[2009] ACTSC 62 (26 May 2009)

CRIMINAL LAW - driving offences - sentencing
TRAFFIC LAW - offences - alcohol and drug related offences - disqualification of licence - high level PCA - repeat offender - NSW guideline judgement
MAGISTRATES’ COURT - appeal from - period of disqualification manifestly excessive - cross-appeal – disqualification only penalty manifestly inadequate - error in not imposing penalty over and above the good behaviour order

Road Transport (Alcohol and Drugs) Act 1977 (ACT), s 19, 26, 33
Prostitution Act 1992 (ACT)
Road Transport (Safety and Traffic Management) Act 1999 (NSW), s 9
Crimes Sentencing Procedure Act 1999 (NSW), s 3A
Crimes (Sentencing) Act 2005 (ACT), s 7
Road Transport (General) Act 2005 (NSW)

Hammond v RTA [2006] ACTSC 125
Rich v Australian Securities and Investments Commission (2004) 220 CLR 129
Application by the Attorney General under s 37 of the Crimes (Sentencing Procedure) Act 61 NSWLR 305 (2004) for a Guideline Judgment concerning the offence of High Range Prescribed Concentration of Alcohol under Section 9(4) of the Road Transport (Safety and Traffic Management) Act 1999 (No 3 of 2002) (2004) 61 NSWLR 305

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. SCA 90 of 2008

Judge:             Higgins CJ
Supreme Court of the ACT

Date:              26 May 2009

IN THE SUPREME COURT OF THE       )
  )          No. SCA 90 of 2008
AUSTRALIAN CAPITAL TERRITORY    )          

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:HECTOR SCOTT

Appellant

AND:MATTHEW JAMES WYNANTS

Respondent

ORDER

Judge:  Higgins CJ
Date:  26 May 2009
Place:  Canberra

THE COURT ORDERS THAT:

  1. Both the appeal and the cross-appeal be upheld and the parties be heard on the penalty to be substituted.

  1. The appellant was, on 9 October 2007, charged with an offence against s 19(1) of the Road Transport (Alcohol and Drugs) Act 1977 (ACT) (the RT (A & D) Act).  That subsection provides:

(1)A person who -

(a)has, been the driver of a motor vehicle in a public place, and

(b)has within the relevant period, a concentration of alcohol in his or her blood equal to or more than the prescribed concentration;

commits an offence punishable, on conviction, by a penalty ascertained in accordance with section 26.

  1. Some little time before 7.45 am on Tuesday 9 October 2007, the appellant had been riding a motorcycle, Western Australian registration UG4024, in the vicinity of the intersection of Isabella Drive and Coyne Street in Fadden in the Australian Capital Territory.  The intersection was controlled by a roundabout.  At the roundabout the motor cycle collided with a Suzuki Station Wagon ACT registration YEI-63B.  The motor cycle fell and slid, bursting into flames.  The appellant was injured as a result and taken to Canberra Hospital.  At 8.55 am, a blood sample was taken.  The result of the analysis of it was 0.179 grams of ethyl alcohol per 100 millilitres of blood. 

  1. The appellant had no memory of the collision.  Other witnesses…

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AGLC
Scott v Wynants [2009] ACTSC 62
Case
[2009] ACTSC 62
Decision Date

CaseChat Overview and Summary

Scott appeals against a conviction and sentence for driving with a high level of PCA and Wynants cross-appeals against the sentence. The issues before the court were whether the period of disqualification was manifestly excessive and whether the disqualification was the only penalty imposed, making it manifestly inadequate. The court considered the NSW guideline judgement on sentencing for alcohol and drug related offences and determined that the disqualification period was manifestly excessive. The court also found that the disqualification was the only penalty imposed, making it manifestly inadequate. The court held that there was an error in not imposing a penalty over and above the good behaviour order. Both the appeal and the cross-appeal were upheld and the parties were to be heard on the penalty to be substituted.

Orders

Orders of the court

Both the appeal and the cross-appeal be upheld and the parties be heard on the penalty to be substituted.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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