THOMSON -v- BROCK [2013] WASC 289
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2013] WASC 289 | |
| 05/08/2013 | |||
| Case No: | SJA:1046/2013 | 12 JULY 2013 | |
| Coram: | HALL J | 12/07/13 | |
| 7 | Judgment Part: | 1 of 1 | |
| Result: | Leave to appeal refused Appeal dismissed | ||
| B | |||
| PDF Version |
| Parties: | DANIEL THOMSON JAMES ALEXANDER BROCK |
Catchwords: | Criminal law Driving under suspension 19th offence Breach of suspended sentences Whether total effective sentence of 18 months' imprisonment disproportionate |
Legislation: | Nil |
Case References: | Abfahr v The State of Western Australia [2013] WASCA 87 Anderson v Stilwell [2006] WASC 257 Arcari v Christie [2007] WASC 298 Bell v Wesley [2007] WASC 264 Findlay v The State of Western Australia [2007] WASC 61 Gable v Nardini [2010] WASC 321 Hubbard v Fisher [2001] WASCA 182 Patterson v Cutler [2010] WASC 316 Shaw (1989) 39 A Crim R 343 Sheiner v Roberts [2009] WASC 281 Sheppard v Blakey [2001] WASCA 309 Swain (1989) 41 A Crim R 214 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CRIMINAL
- Appellant
AND
JAMES ALEXANDER BROCK
Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram : MAGISTRATE G A BENN
File No : MI 5973 of 2012
Catchwords:
Criminal law - Driving under suspension - 19th offence - Breach of suspended sentences - Whether total effective sentence of 18 months' imprisonment disproportionate
Legislation:
Nil
Result:
Leave to appeal refused
Appeal dismissed
Category: B
Representation:
Counsel:
Appellant : In person
Respondent : Ms M Georgiou
Solicitors:
Appellant : In person
Respondent : State Solicitor for Western Australia
Case(s) referred to in judgment(s):
Abfahr v The State of Western Australia [2013] WASCA 87
Anderson v Stilwell [2006] WASC 257
Arcari v Christie [2007] WASC 298
Bell v Wesley [2007] WASC 264
Findlay v The State of Western Australia [2007] WASC 61
Gable v Nardini [2010] WASC 321
Hubbard v Fisher [2001] WASCA 182
Patterson v Cutler [2010] WASC 316
Shaw (1989) 39 A Crim R 343
Sheiner v Roberts [2009] WASC 281
Sheppard v Blakey [2001] WASCA 309
Swain (1989) 41 A Crim R 214
- HALL J:
Introduction
1 This is an appeal against a total effective sentence of 18 months' imprisonment imposed on the appellant in the Midland Magistrates Court on 22 March 2013. At the conclusion of the hearing of the appeal I refused leave to appeal, dismissed the appeal and gave brief reasons. I said that more detailed reasons would be published at a later date.
2 The sentence imposed on the appellant comprised several components, a sentence of 10 months' imprisonment was imposed for an offence of driving while suspended, contrary to s 49(1)(a) and s 49(3)(c) of the Road Traffic Act 1974 (WA). That offence triggered three suspended imprisonment orders for similar offences…
Continue reading Thomson v Brock
Sign in free to access the full text
- AGLC
- THOMSON -v- BROCK [2013] WASC 289
- Case
- [2013] WASC 289
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the total effective sentence was so severe as to be disproportionate under the circumstances. The appellant argued that the cumulative nature of the suspended sentences, combined with the additional imprisonment term, amounted to a manifestly excessive penalty that did not serve the purposes of punishment, deterrence, or rehabilitation. In examining the appellant's submission, the court considered the principles of sentencing, including the need for punishment, deterrence, and rehabilitation, alongside the specific facts of the case and the appellant's history of repeated offences.
The Court of Appeal found that the sentence imposed was not disproportionate. The court held that the appellant's repeated and deliberate breaches of the law, amounting to 19 separate instances of driving under suspension, justified a severe sentence. The court also noted that the sentence was within the range of penalties typically imposed for such serious and persistent breaches. The court concluded that the sentence served the purposes of punishment, deterrence, and rehabilitation by reflecting the gravity of the appellant's conduct and its impact on the community. Therefore, the appeal was dismissed, and leave to appeal was refused.
Orders
Orders of the court
Leave to appeal refused
Appeal dismissed
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.