Vasallo v Allison

The Supreme Court of Western Australia heard an appeal brought by Brendan James Vasallo against the Magistrates Court's decision to impose a disqualification from holding a motor vehicle driver's licence on him for multiple offences of driving while disqualified. The Magistrate had imposed a nine-month disqualification period on Vasallo for two separate offences, which was to be cumulative with a prior six-month disqualification period. Vasallo argued that the Magistrate erred in making the disqualifications cumulative and not giving sufficient reasons, as well as in making the disqualifications without proper service of a summons. The court had to decide if the Magistrate's decision was in accordance with the law and if there was a substantial miscarriage of justice.

The court held that the Road Traffic Act 1974 (WA) required the disqualification periods to be cumulative, and that the Sentencing Act 1995 (WA) did not apply to the disqualification orders. The court found that the Magistrate did not err in making the disqualifications cumulative as the appellant was already subject to a disqualification period at the time of the later offences. The court also held that the lack of a summons did not affect the Magistrate's power to impose a sentence, as long as the appellant was given an opportunity to be heard. Although the Magistrate did not have the power to backdate the disqualification, the court concluded that no substantial miscarriage of justice had occurred.

The court dismissed both appeals, holding that the Magistrate's decision was in accordance with the law and that there was no substantial miscarriage of justice.