Regina v Trevor John Wilkins [2007] NSWDC 360

Regina v Trevor John Wilkins [2007] NSWDC 360

Mr Wilkins' bad record for drink driving and the need to protect the community left the court little choice but to impose imprisonment; however, his problem with alcohol and driving constituted special circumstances justifying a non-parole period of 2 months within a 7 month sentence.

Jurisdiction
Australia
Judgment Date
28 September 2007
Procedural Posture
Criminal Law Sentence Appeal Drive Under the Influence of Alcohol / Sentencing on Appeal From Local Court Conviction and Sentence
Outcome
Sentence varied; the appellant was sentenced to 7 months imprisonment with a non-parole period of 2 months.
Legal Topics
['drive Under the Influence of Alcohol' 'drink Driving Record' 'protection of the Community' 'special Circumstances' 'licence Disqualification' 'non Parole Period']
['criminal Law' 'road Traffic Law' 'sentencing'] ['drive Under the Influence of Alcohol' 'drink Driving Record' 'protection of the Community' 'special Circumstances' 'licence Disqualification' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Law Sentence Appeal Drive Under the Influence of Alcohol / Sentencing on Appeal From Local Court Conviction and Sentence

Legal Issues

  1. 1 ['Whether the appellant should receive a suspended sentence or a reduced non-parole period for driving under the influence of alcohol.' "Whether the appellant's driving record required a sentence of imprisonment for protection of the community." 'Whether special circumstances justified a longer period on parole than the standard period.']

Ratio Decidendi

Mr Wilkins' bad record for drink driving and the need to protect the community left the court little choice but to impose imprisonment; however, his problem with alcohol and driving constituted special circumstances justifying a non-parole period of 2 months within a 7 month sentence.

Court Disposition

Sentence varied; the appellant was sentenced to 7 months imprisonment with a non-parole period of 2 months.

Orders

  • ['The offender is sentenced to imprisonment for 7 months.' 'A non-parole period of 2 months is set to date from 13 August 2007 and expire on 12 October 2007.' 'The balance of the term of 5 months is to commence on 13 October 2007 and expire on 12 March 2008.' 'The offender is to be released to parole on 12 October...