Police V Larkins [2009] NSWLC 12

Local Court of New South Wales

CITATION: Police V Larkins [2009] NSWLC 12

JURISDICTION: Criminal

PARTIES: Police Larkins

FILE NUMBER:

PLACE OF HEARING: Downing Centre

DATE OF DECISION: 10/01/2009

MAGISTRATE: Chief Magistrate G L Henson

CATCHWORDS: Criminal Law – suspended sentence – revocation – principles

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

DPP v Cooke & Anor [2007] NSWCA 2 CASES CITED: DPP v Nouata [2009] NSW SC 72 DPP v Burrow [2004] NSWSC 433 R v Marston (1993) 60 SASR 320

TEXTS CITED:

REPRESENTATION: N Boyden Barrister (Offender)

ORDERS: Section 12 Bond revoked – Sentence of imprisonment imposed

JUDGMENT

1 The offender is before this Court as a result of being charged with the offence of Driving with the Middle Range Prescribed Concentration of Alcohol. This is an offence contrary to the provisions of Section 9(3) of the Road Transport (Safety and Traffic) Management Act 1999. Such an offence is defined in Section 3 of the Road Transport (General) Act 1999 as a 'Major Offence'. The penalty provisions set out in that Act provide for a maximum penalty of 12 months imprisonment, and/or a fine of $3300. The offence is also one to which, upon conviction, a statutory regime of disqualification of license applies.

2 In the case of this offender it is relevant to note that 14th September 2004 he was convicted of the offence of Driving with the Low Range Prescribed Concentration of Alcohol. On that occasion the offender was fined $500 and as a consequence of conviction, disqualified from holding or obtaining any license for the statutory minimum period of 3 months. The relationship between that conviction and this offence is such that in addition to the penalty regime provided for a second offender as referred to above, he is liable to disqualification for an automatic period of 3 years or a minimum period of 12 months.