[2013] TASSC 62
COURT: SUPREME COURT OF TASMANIA
CITATION: Shea v Lane [2013] TASSC 62
PARTIES: SHEA, Michael Neil
v
LANE, Sergeant Richard
FILE NO: 1017/2013
DELIVERED ON: 23 October 2013
DELIVERED AT: Hobart
HEARING DATE: 14 October 2013
JUDGMENT OF: Tennent J
CATCHWORDS:
Magistrates – Appeal and review – Tasmania – Motion to review – Other matters – Appeal against sentence – Manifestly excessive.
Parker v Whiteman [2012] TASSC 17, referred to.
Aust Dig Magistrates [1349]
REPRESENTATION:
Counsel:
Applicant: J McCarthy
Respondent: S Nicholson
Solicitors:
Applicant: Mackie Crompton
Respondent: Director of Public Prosecutions
Judgment Number: [2013] TASSC 62
Number of paragraphs: 24
Serial No 62/2013
File No 1017/2013
MICHAEL NEIL SHEA v SERGEANT RICHARD LANE
REASONS FOR JUDGMENT TENNENT J
23 October 2013
On 26 September 2013, the applicant pleaded guilty before a magistrate to offences on two complaints numbered 5427/13 and 5206/13. He was subsequently convicted of certain offences and sentenced. He now seeks to review the penalties imposed by the learned magistrate. The penalties imposed were as follows:
5427/13
Charge Penalty
Drive a motor vehicle while exceeding the prescribed 2 months' imprisonment wholly
alcohol limit contrary to the Road Safety (Alcohol and suspended and 18 months'
Drugs) Act 1970 ("the Act"), s6(1) – reading .116 disqualification
5206/13
Charge Penalty
Count 1- same as above but with a reading of .097 Globally 4 months' imprisonment
Count 2- drive whilst disqualified cumulative to the above with
2 months' suspended and 2
years' disqualification
All the offences occurred on the same day, namely 2 July 2013. The applicant was initially intercepted by police at 10.41am that day. He was breathalysed, and returned a reading of .116. He was issued with an excessive drink-driving notice pursuant to the Act, s18B. By that notice, he was immediately disqualified from driving. He was charged and bailed. He intended to get a taxi to go home. However, he became concerned about his car which had been left on the side of the road. He got a taxi to where his car had been left. He found it unlocked with the keys in it. An iPad and phone had been stolen. He became concerned about the safety of the car, and made the decision to drive it to his home. Police intercepted him again. He was breathalysed a second time, and returned a lower reading. He was charged with a second drink driving offence, and also with driving while disqualified. There was no information provided as to the delay between the first and second set of offences.
At the time of the offending, the applicant had prior relevant convictions. These were as follows:
Date of court
appearance Charge Penalty
7/4/93 Drive with alcohol in body without authority $200 fine plus 3 months'
disqualification
Drive whilst disqualified "
6/9/04 Exceed (reading .194) $1,000 fine plus 2 years'
disqualification
22/8/08 Exceed (reading .137) 4 weeks' imprisonment wholly
suspended plus 12 months'
disqualification
Drive without due care and attention $250 fine plus 3 months'
disqualification cumulative
24/9/08…
Continue reading Shea v Lane
Sign in free to access the full text
- AGLC
- Shea v Lane [2013] TASSC 62
- Case
- [2013] TASSC 62
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the sentence imposed by the Magistrates Court was manifestly excessive, thereby warranting an appeal or review. This involved assessing the proportionality of the sentence in relation to the offence committed, as well as considering the principles of sentencing under the Criminal Code and relevant case law.
The court, upon review, determined that the sentence imposed by the Magistrates Court was indeed manifestly excessive. The court found that the sentence did not align with the principles of proportionality and justice, and that the Magistrates Court had failed to adequately consider the mitigating factors presented by the appellant. Consequently, the court allowed the appeal and ordered a review of the sentence. The court further directed that a new sentencing hearing be conducted, with specific consideration given to the appellant's mitigating circumstances.
In summary, the court granted the appeal, quashed the original sentence, and ordered a new sentencing hearing to be conducted by the Magistrates Court, ensuring that the new sentence would be proportionate and just.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.