SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Tui v McLucas |
Citation: | [2024] ACTSC 164 |
Hearing Date: | 29 April 2024, 16 May 2024, 24 May 2024 |
Decision Date: | 29 May 2024 |
Before: | Baker J |
Decision: | (1) The appeal is allowed in part. (2) The appeal against the conviction and sentence imposed in the Magistrate’s Court is dismissed. The good behaviour order previously imposed by the Magistrate is confirmed. (3) The appeal against the disqualification period is allowed. The appellant will be disqualified from driving for a period of 20 months, to date from today. |
Catchwords: | APPEAL – CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Appeal against sentence imposed by Magistrates Court – error in Magistrate’s findings as to criminal history – error conceded by respondent – no lesser sentence appropriate in all of the circumstances – fine and good behaviour order confirmed. TRAFFIC LAW – Licensing of drivers – driving with prescribed concentration of alcohol – repeat offender – nature of default disqualification period – Court to undertake assessment of appropriate disqualification period in light of relevant sentencing purposes – legislative reduction of default disqualification period whilst appeal pending - disqualification period reduced. |
Legislation Cited: | Crimes (Sentencing) Act 2005 (ACT), s 33(1) Criminal Appeal Act 1912 (NSW), s 6(3) Legislation Act 2001 (ACT), s 84A Magistrates Court Act 1930 (ACT), ss 208, 216, 218 Road Safety Legislation Amendment Act 2024 (ACT) Road Transport (Alcohol and Drugs) Act 1977 (ACT), ss 19(1), 33, 26 Road Transport (General) Act 1999 (ACT), ss 63(3)(c), 65 |
Cases Cited: | Barnes v Barratt [2018] ACTSC 295 Burow v Hoyer [2015] ACTSC 21; 292 FLR 325 Clarkson v Earle [2016] ACTSC 331 Irving v Head [2016] ACTSC 37; 75 MVR 13 Kentwell v The Queen [2014] HCA 37; 252 CLR 601 Krewaz v Jordan [2012] ACTSC 84 Kristiansen v Yeats [2022] ACTSC 351 Milner v Bonde [2018] TASSC 42; 28 Tas R 62 Morrison v Maher [2021] ACTSC 312 Mwauluka v Turkich [2013] ACTSC 1 Re Attorney-General's Application (No 3 of 2002) (NSW) [2004] NSWCCA 303; 61 NSWLR 305 Senderowski v Mothersole [2013] ACTSC 217 Stoehr v Meyer [2016] ACTSC 144; 311 FLR 23 Tindall v Spalding [2014] ACTSC 253; 10 ACTLR 198 |
Texts Cited: | Explanatory Statement to the Road Transport Legislation Amendment Bill 2015 (No 2) (ACT) Explanatory Statement to the Road Safety Legislation Amendment Bill 2023 (ACT) |
Parties: | Tsai Tui ( Appellant) Alison Leila McLucas ( Respondent) |
Representation: | Counsel T Sharman ( Appellant) D Armstrong ( Respondent) |
| Solicitors Tim Sharman Solicitors ( Appellant) ACT DPP ( Respondent) | |
File Number: | SCA 62 of 2023 |
Decision Under Appeal: | Court/Tribunal: ACT Magistrates Court Before: Chief Magistrate Walker Date of Decision: 22 November 2023 Case Title: The Police v Tsai Tui Charge Number(s): CAN9582 of 2023 |
BAKER J:
Introduction
The appellant, Tsai Tui, pleaded guilty in the Magistrates…
Continue reading Tui v McLucas
Sign in free to access the full text
- AGLC
- Tui v McLucas [2024] ACTSC 164
- Case
- [2024] ACTSC 164
- Decision Date
CaseChat Overview and Summary
The court considered that the Magistrate's findings about Tui’s criminal history were indeed erroneous. However, the court concluded that given the nature of the offence and Tui’s repeated breaches, no lesser sentence was appropriate. The court confirmed the good behaviour order previously imposed by the Magistrate. Regarding the disqualification period, the court found that the Magistrate had not undertaken the necessary assessment of the appropriate disqualification period in light of relevant sentencing purposes. The legislative reduction of the default disqualification period whilst the appeal was pending meant that the disqualification period was reduced. The court allowed the appeal against the disqualification period and ordered that Tui be disqualified from driving for a period of 20 months, to date from the day of the court’s decision. The appeal against the conviction and sentence was dismissed.
Orders
Orders of the court
(1) The appeal is allowed in part.
(2) The appeal against the conviction and sentence imposed in the Magistrate’s Court is dismissed. The good behaviour order previously imposed by the Magistrate is confirmed.
(3) The appeal against the disqualification period is allowed. The appellant will be disqualified from driving for a period of 20 months, to date from today.
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.