Wheeler [2008] NSWDC 165

Wheeler [2008] NSWDC 165

Where two traffic offences are sentenced together without evidence of ordered convictions, the disqualification period for each is twelve months under s25A of the Road Transport (Driver Licensing) Act 1998, not two years for the latter as a 'second or subsequent' offence.

Jurisdiction
Australia
Judgment Date
01 August 2008
Procedural Posture
Criminal Appeal / Appeal Against Sentence (severity) From Local Court Order
Outcome
Appeals allowed; disqualification periods varied; fines and costs confirmed.
Legal Topics
['disqualification Periods' 'second or Subsequent Offence' 'interpretation of Road Transport (driver Licensing) Act 1998 S25 A']
['criminal Law' 'traffic Law'] ['disqualification Periods' 'second or Subsequent Offence' 'interpretation of Road Transport (driver Licensing) Act 1998 S25 A']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence (severity) From Local Court Order

Legal Issues

  1. 1 ['What is the relevant disqualification period for fail to submit to breath analysis where the appellant argues for reduction due to circumstances and prior traffic record?' 'Does the offence of drive while licence suspended attract a two year or one year disqualification period in circumstances where offences were sentenced together and chronology of conviction is unclear?']

Ratio Decidendi

Where two traffic offences are sentenced together without evidence of ordered convictions, the disqualification period for each is twelve months under s25A of the Road Transport (Driver Licensing) Act 1998, not two years for the latter as a 'second or subsequent' offence.

Court Disposition

Appeals allowed; disqualification periods varied; fines and costs confirmed.

Orders

  • ['The appeal against sentence is allowed.' 'The disqualification period for fail to submit to breath analysis is set at twelve months: 21 March 2008 to 20 March 2009.' 'The disqualification period for drive while licence suspended is set at twelve months: 21 March 2009 to 20 March 2010.' 'Orders for fines and costs...