TUBBS -v- POMYKAJ [2009] WASC 379
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2009] WASC 379 | |
| Case No: | SJA:1017/2009 | ON THE PAPERS | |
| Coram: | McKECHNIE J | 11/12/09 | |
| 8 | Judgment Part: | 1 of 1 | |
| Result: | Appeals allowed Convictions set aside and other convictions substituted New fines imposed | ||
| B | |||
| PDF Version |
| Parties: | DAVID CHARLES TUBBS KARINA POMYKAJ CRAIG STRINGER REGAN DAVID BROMILOW JOHN COLQUHOUN TERRY CHARLES TAYLOR |
Catchwords: | Road traffic Appellant treated as a third DUI offender when he was a second DUI offender Later convictions and sentence corrected |
Legislation: | Road Traffic Act 1974 (WA) |
Case References: | Brand v Vuleta [2005] WASCA 24 Brooks v Taylor (Unreported, WASC, Library No 960410, 31 July 1996) Jackamarra v Orr [2003] WASCA 278; (2003) 40 MVR 132 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- Appellant
AND
KARINA POMYKAJ
Respondent
- Appellant
AND
CRAIG STRINGER
Respondent
- Appellant
AND
REGAN DAVID BROMILOW
Respondent
(Page 2)
FILE NO/S : SJA 1110 of 2009 BETWEEN : DAVID CHARLES TUBBS
- Appellant
AND
JOHN COLQUHOUN
Respondent
- Appellant
AND
TERRY CHARLES TAYLOR
Respondent
(Page 3)
ON APPEAL FROM:
For File No : SJA 1017 of 2009
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram : MAGISTRATE S R MALLEY
Citation : FR 79885 of 1997
For File No : SJA 1019 of 2009
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram : MAGISTRATE P S MICHELIDES
Citation : FR 9948 of 1998
For File No : SJA 1020 of 2009
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram : MAGISTRATE S R MALLEY
Citation : FR 11960 of 2001
For File No : SJA 1110 of 2009
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram : UNKNOWN
Citation : FR 1615 of 1987
For File No : SJA 1111 of 2009
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram : UNKNOWN
Citation : FR 1631 of 1987
(Page 4)
Catchwords:
Road traffic - Appellant treated as a third DUI offender when he was a second DUI offender - Later convictions and sentence corrected
Legislation:
Road Traffic Act 1974 (WA)
Result:
Appeals allowed
Convictions set aside and other convictions substituted
New fines imposed
Category: B
Representation:
SJA 1017 of 2009
Counsel:
Appellant : Ms K J Farley
Respondent : Ms C J Thatcher
Solicitors:
Appellant : Legal Aid (WA)
Respondent : State Solicitor for Western Australia
SJA 1019 of 2009
Counsel:
Appellant : Ms K J Farley
Respondent : Ms C J Thatcher
Solicitors:
Appellant : Legal Aid (WA)
Respondent : State Solicitor for Western Australia
(Page 5)
SJA 1020 of 2009
Counsel:
Appellant :…
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- Case
- [2009] WASC 379
- Decision Date
CaseChat Overview and Summary
The court examined whether the trial judge erred in failing to recognise Tubbs as a second DUI offender, which would have resulted in a lesser penalty. It also considered whether the convictions and sentences recorded were accurate and appropriate. The court found that the trial judge did indeed misapply the law by treating Tubbs as a third DUI offender, leading to an increased penalty. Additionally, the court determined that the convictions and sentences recorded were incorrect and needed to be rectified.
The court held that Tubbs should have been treated as a second DUI offender, which would have resulted in a lesser penalty. The court set aside the original convictions and substituted them with the correct convictions. It also imposed new fines on Tubbs, reflecting his status as a second DUI offender. The appeals were allowed, and the convictions and sentences were corrected accordingly.
The court ordered that Tubbs's convictions be set aside and substituted with the correct convictions. It also imposed new fines on Tubbs, reflecting his status as a second DUI offender. The appeal was allowed, and the original convictions and sentences were not upheld. The court's decision provided clarity on the correct application of the law in DUI cases and ensured that Tubbs was appropriately sentenced based on his actual offending history.
Orders
Orders of the court
Appeals allowed
Convictions set aside and other convictions substituted
New fines imposed
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
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