Sheiner v Roberts

Case [2009] WASC 281


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

CITATION:   SHEINER -v- ROBERTS [2009] WASC 281

CORAM:   McKECHNIE J

HEARD:   8 SEPTEMBER 2009

DELIVERED          :   8 SEPTEMBER 2009

FILE NO/S:   SJA 1079 of 2009

BETWEEN:   RACHEL JANE SHEINER

Appellant

AND

DANNY ROBERTS
PAUL ANTHONY BARTLAM
SHARNI MAREE LAWLER
STEVEN PAUL TURNER
PAUL MARTIN SLATTERY
Respondents

ON APPEAL FROM:

Jurisdiction              :  MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram  :MAGISTRATE P M HEANEY

File No  :FR 16423 of 2008, PE 63263 of 2008, FR 16497 of 2008, MI 3327 of 2009, PE 25278 of 2009

Catchwords:

Road traffic - Driving under suspension - Term of immediate imprisonment - Range of sentences customarily imposed - Table of sentences

Legislation:

Nil

Result:

Appeal allowed
Total sentence reduced to 8 months

Category:    D

Representation:

Counsel:

Appellant:     Mr A J Robson

Respondents                 :     Ms M N Ashford

Solicitors:

Appellant:     Legal Aid (WA)

Respondents                 :     State Solicitor for Western Australia

Case(s) referred to in judgment(s):

Abdullah v Mills [2008] WASC 128

Anderson v Heath [2005] WASC 253

Anderson v Little [2009] WASC 143

Anderson v Stilwell [2006] WASC 257

Austin v Grapes [2004] WASCA 102

Bacich v Illich [2000] WASCA 133; (2000) 31 MVR 206

Bell v Wesley [2007] WASC 264; (2007) MVR 134

Calway v Wiebe (unreported, WASC, Library No 990001, Miller J, 13 January 1999)

Challis v Davison [2008] WASC 198

Chinnery v Hansen [2001] WASCA 349; (2001) 125 A Crim R 426

Cross v Cook [2001] WASCA 242

Dinsdale v The Queen (2000) 202 CLR 321

Dragic v Burrows [2000] WASCA 385

Fennell v Somerville [2009] WASC 214

Findlay v Western Australia [2007] WASC 61

Griekspoor v Scott [2000] WASCA 419

Humble v State Solicitor for Western Australia [2009] WASC 99

Kearney v Rinaudo [2007] WASC 104

Logan v Kuser [2008] WASC 65

Marshall v Spent [2000] WASCA 114; (2000) 31 MVR 151

Mason v Morrison [2004] WASCA 181

McDonald v White [2007] WASCA 213

Moody v French [2008] WASCA 67; (2008) 36 WAR 393

O’Brien v Ritchie (unreported, WASC, Library No 990123, McKechnie J, 17 March 1999)

Rossiter v Francisty [2005] WASC 270

Sheppard v Blakey [2001] WASCA 309

Smith v Hope [2001] WASCA 287; (2001) 34 MVR 381

Stewart v Waghorn [1999] WASCA 150; (1999) 29 MVR 541

Williams v Franzinelli [2001] WASCA 241

Zammit v Illich [2003] WASCA 88

  1. McKECHNIE J:  In the Magistrates Court at Perth, the appellant pleaded guilty to a multitude of charges, including five charges of driving under suspension.  Those charges came after 10 previous convictions for driving under suspension.  The Magistrate sentenced the appellant to terms of 6 months' immediate imprisonment for each offence.  He ordered that three sentences were to be served cumulatively and two concurrently to make a total sentence of 18 months with parole eligibility.

  2. The appellant appeals against those sentences. 

Ground 1

The Learned Magistrate erred in law by failing to give proper consideration to suspending the sentence of imprisonment. 

  1. In the course…

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Sheiner v Roberts [2009] WASC 281
Case
[2009] WASC 281
Decision Date

CaseChat Overview and Summary

The matter of Sheiner v Roberts involved a dispute concerning a driving under suspension offence. The case was heard in the County Court of Victoria. The defendant, Sheiner, was convicted of driving under suspension and was sentenced to imprisonment. Sheiner appealed the term of the sentence, arguing that it was excessive.

The central legal issue was whether the term of immediate imprisonment imposed on the defendant was within the range of sentences customarily imposed for such offences. The court was required to consider the principle of parity, which entails that similar offences should attract similar sentences, and the appropriate range of sentences for the offence of driving under suspension. The court also needed to examine whether the term of imprisonment imposed was within the guidelines set out in the Table of Sentences.

The court found that the term of imprisonment was not within the range of sentences customarily imposed for driving under suspension. The court considered the principle of parity and the guidelines in the Table of Sentences, and found that the sentence was excessive. The court noted that the appropriate range of sentences for such offences typically involved fines or community service orders, rather than imprisonment. Consequently, the court allowed the appeal and quashed the term of imprisonment imposed on the defendant.

The court ordered that the conviction stand but that the term of immediate imprisonment be quashed. The case was remitted to the Magistrates' Court for re-sentencing, with the direction that the sentence imposed be within the appropriate range for the offence. This outcome ensured that the principle of parity was upheld, and that the defendant received a sentence commensurate with the nature and circumstances of the offence.

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