Case Notes - The More You Know, The Better The Result For the Client

Murray Torcetti Lawyers are criminal lawyers in Caboolture. We write our own case notes from recent criminal decisions for internal purposes.

However, unlike your annoying sibling, we don’t mind sharing.

Facts: 52-year-old electrician was sentenced for drink driving for 15 months, within a month he drove to work as he could not have one his employees drive him as he usually does. Full admissions were made to the police.

His license had been disqualified on 7 occasions for traffic offences spanning 28 years with 6 convictions for drink driving, one unlicensed driving and three for disqualified driving the most recent being 10 years ago.

The sentencing magistrate noted the appellant had a “totally unacceptable” traffic history that demonstrated a propensity to disregard orders of the Court and laws of the State imposing three months imprisonment with release on parole after serving 1 month.

The appeal on the grounds the sentence was “manifestly excessive or plainly unjust”.

Finding: The appeal Judge noted the appellant had not driven while disqualified for 10 years. A term of imprisonment was well within range for both personal and general deterrence. The offence was not of drink driving, the most frequent offence on his history and was contributing to the community through his work and employment of three staff and his intentions to look after his injured son after his son was released from hospital.

Notes for practice:

1. Refers to the Johnson, a handy case for driving offences where a court will take issue with driving so soon after a disqualification has been imposed.

2. While 6 days were served between the date of sentence and the appeal, lawyers could leverage the principal that short terms of imprisonment “should not be imposed unless it is appropriate in all of the circumstances of the case” R v Hamilton (2000) QCA 286.

Because lawyers love a good disclaimer – here is ours – It boils down to: If you need legal advice see a lawyer. Dr Google isn’t going to prescribe you meds if you are sick, Google LLB isn’t going to give you advice or information specific to your situation.

If you need legal assistance. See a lawyer. We are lawyers, you can absolutely call us on 07 5414 4209. Criminal law is what we do and a reason we publish these notes…

You might not read it, but we will rely on it if you try and sue us (smug face).