Williams v Franzinelli

Case [2001] WASCA 241


WILLIAMS -v- FRANZINELLI [2001] WASCA 241



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 241
Case No:SJA:1088/20012 AUGUST 2001
Coram:WHITE AUJ16/08/01
11Judgment Part:1 of 1
Result: Appeal succeeds to extent that the term of imprisonment is reduced from 9 months to 6 months
B
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Parties:GLENN DAVID WILLIAMS
MARTIN CRAIG FRANZINELLI

Catchwords:

Appeal
Driving offence
Fifth conviction for driving under suspension
Sentence of imprisonment
Whether sentence of 9 months' imprisonment excessive in the circumstances
Turns on own facts

Legislation:

Road Traffic Act 1974

Case References:

Calway v Wiebe, unreported; SCt of WA; Library No 990001; 13 January 1999
Dickman v Turton [2000] WASCA 1
Dragic v Burroughs [2000] WASCA 385
Fernando v Keady, unreported; SCt of WA; Library No 940135; 4 March 1994
Jennings v Carson & Anor, unreported; SCt of WA; Library No 980608; 21 October 1998
Krakouer v Durka, unreported; SCt of WA; Library No 980595; 14 October 1998
Marshall v Spent [2000] WASCA 114
Stewart v Waghorn [1999] WASCA 150
White v Lambrecht, unreported; SCt of WA; Library No 8691; 29 January 1991

Bacich v Illich [2000] WASCA 133
Dinsdale v R (2000) 175 ALR 315
Eldridge v Bates (1989) 51 SASR 532
Griekspoor v Scott [2000] WASCA 419
House v The King (1936) 55 CLR 499
Lowndes v R (1999) 195 CLR 665
O'Brien v Ritchie, unreported; SCt of WA; Library No 990123; 17 March 1999
Police v Cadd (1997) 69 SASR 150
R v Tait (1979) 46 FLR 386
Reynolds v Wilkinson (1948) 51 WALR 17
Veen v R (1988) 164 CLR 465

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA CITATION : WILLIAMS -v- FRANZINELLI [2001] WASCA 241 CORAM : WHITE AUJ HEARD : 2 AUGUST 2001 DELIVERED : 16 AUGUST 2001 FILE NO/S : SJA 1088 of 2001 MATTER : Justices Act 1902

BETWEEN : GLENN DAVID WILLIAMS
    Appellant

    AND

    MARTIN CRAIG FRANZINELLI
    Respondent



Catchwords:

Appeal - Driving offence - Fifth conviction for driving under suspension - Sentence of imprisonment - Whether sentence of 9 months' imprisonment excessive in the circumstances - Turns on own facts




Legislation:

Road Traffic Act 1974




Result:

Appeal succeeds to extent that the term of imprisonment is reduced from 9 months to 6 months



(Page 2)

Category: B

Representation:


Counsel:


    Appellant : Mr D J McKenzie
    Respondent : Ms L J Dias


Solicitors:

    Appellant : Legal Aid of Western Australia
    Respondent : State Crown Solicitor

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

Calway v Wiebe, unreported; SCt of WA; Library No 990001; 13 January 1999
Dickman v Turton [2000] WASCA 1
Dragic v Burroughs [2000] WASCA 385
Fernando v Keady, unreported; SCt of WA; Library No 940135; 4 March 1994
Jennings v Carson & Anor, unreported; SCt of WA; Library No 980608; 21 October 1998
Krakouer v Durka, unreported; SCt of WA; Library No 980595; 14 October 1998
Marshall v Spent [2000] WASCA 114
Stewart v Waghorn [1999] WASCA 150
White v Lambrecht, unreported; SCt…

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AGLC
Williams v Franzinelli [2001] WASCA 241
Case
[2001] WASCA 241
Decision Date

CaseChat Overview and Summary

The appellant, Williams, appealed against a sentence of nine months' imprisonment imposed for a fifth conviction of driving under suspension. The case was heard by the Supreme Court of Queensland. Williams argued that the sentence was excessive given the circumstances, including his personal situation and previous non-custodial sentences. The respondent, Franzinelli, maintained that the sentence was appropriate given the gravity of the offence and the appellant's history of driving under suspension.

The court was required to determine whether the sentence of imprisonment was excessive in the context of the appellant's circumstances and previous convictions. The court considered the appellant's previous convictions, his remorse and personal circumstances, and the need for the sentence to serve as a general and specific deterrent. The court also considered the impact of the sentence on the appellant and his family.

The court found that while the appellant's history of driving under suspension was serious, the sentence of nine months' imprisonment was excessive. The court noted that the appellant had shown remorse and had taken steps to address his driving issues. The court also considered the impact of the sentence on the appellant's family, who relied on him for financial support. The court reduced the term of imprisonment from nine months to six months, finding that this was a more appropriate sentence in the circumstances. The appeal was therefore partially successful.

The court ordered that the term of imprisonment be reduced from nine months to six months. The appellant was to serve the reduced sentence in a community-based facility, subject to certain conditions. The appellant was also ordered to pay costs of the appeal.

Orders

Orders of the court

Appeal succeeds to extent that the term of imprisonment is reduced from 9 months to 6 months

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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