Shane William JOHNSON v R [2008] NSWDC 47

Shane William JOHNSON v R [2008] NSWDC 47

The relevant disqualification period in this case is twelve months, not two years, as the statutory construction of subsection 10 only applies the longer period for particular second or subsequent offences, which does not include the appellant's prior drink driving conviction.

Jurisdiction
Australia
Judgment Date
12 March 2008
Procedural Posture
Criminal Appeal / Severity Appeal
Outcome
appeal allowed
Legal Topics
['drive Whilst Suspended' 'statutory Interpretation' 'sentence Severity']
['criminal Law'] ['drive Whilst Suspended' 'statutory Interpretation' 'sentence Severity']

Case Brief

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Procedural Posture

Criminal Appeal / Severity Appeal

Legal Issues

  1. 1 ['Whether an order under Section 10 of the Crimes (Sentencing Procedure) Act should be made' 'What is the relevant disqualification period for a second or subsequent offence under the Road Transport (Driver Licensing) Act']

Ratio Decidendi

The relevant disqualification period in this case is twelve months, not two years, as the statutory construction of subsection 10 only applies the longer period for particular second or subsequent offences, which does not include the appellant's prior drink driving conviction.

Court Disposition

appeal allowed

Orders

  • ['fine and court costs confirmed' 'disqualified from driving for one year']