JOHNSON, Peter Vincent v R [2008] NSWDC 376

JOHNSON, Peter Vincent v R [2008] NSWDC 376

Given the seriousness of the dangerous driving offence, the applicant's criminal record (including previous disqualified driving), and the statutory regime, disqualification for two years, a reduced fine, and confirmation of a bond under s 9 were appropriate; there was no legal basis for a s 10 order to avoid disqualification.

Parties
Prosecution: Regina; Applicant: Peter Vincent Johnson
Jurisdiction
Australia
Judgment Date
01 August 2008
Procedural Posture
Sentence Appeal / Appeal Decision
Outcome
Sentence of magistrate set aside. Appeal partly allowed. New sentence imposed.
Legal Topics
Dangerous Driving, Sentence Appeal, Driving Whilst Disqualified, Disqualification of Driver's Licence, Bond Under S 9 Crimes (sentencing Procedure) Act 1999, Fine Imposition, Court Costs Waiver
Criminal Law Dangerous Driving Sentence Appeal Driving Whilst Disqualified Disqualification of Driver's Licence Bond Under S 9 Crimes (sentencing Procedure) Act 1999 Fine Imposition Court Costs Waiver

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Parties

Regina

Prosecution

Peter Vincent Johnson

Applicant

Procedural Posture

Sentence Appeal / Appeal Decision

Legal Issues

  1. 1 What is the appropriate sentence for dangerous driving under s 42 of the Road Transport (Safety and Traffic Management) Act 1999 given the applicant's circumstances?
  2. 2 Whether there is basis for an order under s 10 of the Crimes (Sentencing Procedure) Act 1999 to avoid disqualification.

Ratio Decidendi

Given the seriousness of the dangerous driving offence, the applicant's criminal record (including previous disqualified driving), and the statutory regime, disqualification for two years, a reduced fine, and confirmation of a bond under s 9 were appropriate; there was no legal basis for a s 10 order to avoid disqualification.

Court Disposition

Sentence of magistrate set aside. Appeal partly allowed. New sentence imposed.

Orders

  • Applicant disqualified from holding a driver's licence for 2 years from 23 February 2008 to 22 February 2010
  • Fine of $500 imposed