ZAMMIT -v- ILLICH [2003] WASCA 88
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2003] WASCA 88 | |
| Case No: | SJA:1144/2002 | 31 MARCH 2003 | |
| Coram: | MCKECHNIE J | 31/03/03 | |
| 6 | Judgment Part: | 1 of 1 | |
| Result: | Appeal dismissed | ||
| B | |||
| PDF Version |
| Parties: | DANIEL WILLIAM ZAMMIT PAUL STEPHEN ILLICH |
Catchwords: | Road traffic Fifth offence of driving while disqualified Whether sentence of imprisonment open Criminal law and procedure Sentence suspended sentence Further offence Whether unjust to impose immediate imprisonment |
Legislation: | Road Traffic Act 1974 (WA), s 49 Sentencing Act 1995 (WA), s 80 |
Case References: | Hall v The Queen [1999] WASCA 225; (1999) 21 WAR 364 Holcroft v The Queen [1997] 2 Qd R 392 Cross v Cook [2001] WASCA 242 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA CITATION : ZAMMIT -v- ILLICH [2003] WASCA 88 CORAM : MCKECHNIE J HEARD : 31 MARCH 2003 DELIVERED : 31 MARCH 2003 FILE NO/S : SJA 1144 of 2002 BETWEEN : DANIEL WILLIAM ZAMMIT
- Appellant
AND
PAUL STEPHEN ILLICH
Respondent
Catchwords:
Road traffic - Fifth offence of driving while disqualified - Whether sentence of imprisonment open
Criminal law and procedure - Sentence suspended sentence - Further offence - Whether unjust to impose immediate imprisonment
Legislation:
Road Traffic Act1974 (WA), s 49
Sentencing Act1995 (WA), s 80
Result:
Appeal dismissed
(Page 2)
Category: B
Representation:
Counsel:
Appellant : Mr R D Young
Respondent : Mr M A G Jenkin
Solicitors:
Appellant : Gunning Young
Respondent : State Crown Solicitor
Case(s) referred to in judgment(s):
Hall v The Queen [1999] WASCA 225; (1999) 21 WAR 364
Holcroft v The Queen [1997] 2 Qd R 392
Case(s) also cited:
Cross v Cook [2001] WASCA 242
(Page 3)
1 MCKECHNIE J:
Introduction
2 Because I have had the benefit of submissions in advance and listened to counsel this morning, I am able to deliver judgment now. This is an appeal against an order that the appellant serve an immediate term of imprisonment for driving while disqualified because he had breached a suspended sentence of imprisonment imposed for a fourth offence of driving while disqualified within 2 months of the imposition of that sentence.
3 The essence of the appeal is that the circumstances which have become known since the suspended sentence was imposed are sufficient to make it unjust to trigger a sentence of immediate imprisonment. Allied to this is a submission that a concurrent term of 3 months and 1 day's imprisonment for a fifth offence of driving under disqualification should have been suspended, in essence, for the same reasons as would have led to the further suspension of the earlier term.
Background
4 The background facts are that the appellant was 25 years old at the time of sentence. He is a qualified electrician. After moving interstate for some time he commenced a business on 17 November 2001 in Kensington. It is a fish and chip shop cum cafe known as the Smashed Crab. He apparently devotes…
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CaseChat Overview and Summary
The court was required to address the issue of whether it was appropriate to impose immediate imprisonment for a fifth offence of driving while disqualified, particularly when the respondent had previously been granted a suspended sentence. The legal principles guiding the court included the need to balance the interests of public safety, the deterrence of criminal behaviour, and the principles of proportionality and justice in sentencing. The court also had to consider the precedent set by earlier cases regarding the treatment of repeat offenders and the circumstances under which a suspended sentence might be revoked.
The court found that, given the respondent's persistent offending behaviour and the need to uphold the integrity of the legal system, it was appropriate to impose immediate imprisonment. The court emphasised the importance of deterrence and the need to protect public safety. The appellate court concluded that the lower court had not erred in its assessment of the appropriate sentence, and accordingly dismissed the appeal. The respondent's sentence of imprisonment was upheld, and no further orders were made.
Orders
Orders of the court
Appeal dismissed
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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