WHEELER, Anthony John Thomas v R [2008] NSWDC 364

WHEELER, Anthony John Thomas v R [2008] NSWDC 364

Despite the appellant's extensive criminal history and unsatisfactory aspects of rehabilitation, evidence of recent abstinence and changed motivation justified suspending the sentence of imprisonment for five months on a good behaviour bond, while the standard disqualification period should not be reduced.

Parties
Appellant: Anthony John Thomas Wheeler; Respondent: Regina
Jurisdiction
Australia
Judgment Date
14 April 2008
Procedural Posture
Criminal Appeal / Appeal Against Sentence From Magistrate
Outcome
appeal allowed in part; sentence varied
Legal Topics
Appeal Against Sentence, Drink Driving Offences, Suspended Sentence, Rehabilitation, Disqualification of Licence
Criminal Law Appeal Against Sentence Drink Driving Offences Suspended Sentence Rehabilitation Disqualification of Licence

Case Brief

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Parties

Anthony John Thomas Wheeler

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence From Magistrate

Legal Issues

  1. 1 Whether to allow the appeal against sentence imposed for repeat drink-driving offences
  2. 2 Whether to suspend the sentence of imprisonment on condition of a good behaviour bond
  3. 3 Whether to reduce the period of licence disqualification

Ratio Decidendi

Despite the appellant's extensive criminal history and unsatisfactory aspects of rehabilitation, evidence of recent abstinence and changed motivation justified suspending the sentence of imprisonment for five months on a good behaviour bond, while the standard disqualification period should not be reduced.

Court Disposition

appeal allowed in part; sentence varied

Orders

  • Sentence of the learned magistrate set aside.
  • New sentence: imprisonment of five months, wholly suspended on condition that the appellant enters into a good behaviour bond for five months commencing 14 April 2008.