R v Sung Goo JUN [2008] NSWDC 374

R v Sung Goo JUN [2008] NSWDC 374

The appeal was dismissed because the appellant's favourable character evidence, traffic offender program attendance and absence of criminal history did not justify the exceptional exercise of discretion under s 10, particularly given the seriousness of a mid-range PCA reading of 0.125 grams of alcohol per 100 millilitres of blood, police observations showing reduced capacity to control the vehicle, and the fact that the magistrate had already imposed the minimum disqualification period.

Jurisdiction
Australia
Judgment Date
30 July 2008
Procedural Posture
Criminal Sentence Appeal / Appeal From Sentence Imposed by a Magistrate at Burwood Local Court
Outcome
The appeal is dismissed. The orders of the learned magistrate are confirmed.
Legal Topics
['driving With Mid Range Prescribed Concentration of Alcohol' 'disqualification From Driving' 'crimes (sentencing Procedure) Act 1999 S 10' 'appeal Against Sentence']
['criminal Law' 'traffic Law' 'sentencing'] ['driving With Mid Range Prescribed Concentration of Alcohol' 'disqualification From Driving' 'crimes (sentencing Procedure) Act 1999 S 10' 'appeal Against Sentence']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Appeal From Sentence Imposed by a Magistrate at Burwood Local Court

Legal Issues

  1. 1 ["Whether the appellant's character and circumstances warranted an order under s 10 of the Crimes (Sentencing Procedure) Act 1999 for a mid-range prescribed concentration of alcohol offence." 'Whether the sentence of a $950 fine and six months disqualification should be disturbed on appeal.']

Ratio Decidendi

The appeal was dismissed because the appellant's favourable character evidence, traffic offender program attendance and absence of criminal history did not justify the exceptional exercise of discretion under s 10, particularly given the seriousness of a mid-range PCA reading of 0.125 grams of alcohol per 100 millilitres of blood, police observations showing reduced capacity to control the vehicle, and the fact that the magistrate had already imposed the minimum disqualification period.

Court Disposition

The appeal is dismissed. The orders of the learned magistrate are confirmed.

Orders

  • ['In accordance with s 20(2)(c) of the Crimes (Appeal and Review) Act 2001 the appeal is dismissed.' 'The orders of the learned magistrate are confirmed.']