NSW Police v Pipe [2015] NSWLC 20

Local Court New South Wales

Medium Neutral Citation: NSW Police v Pipe [2015] NSWLC 20 Hearing dates: 30 July 2015 Decision date: 25 September 2015 Jurisdiction: Criminal Before: Magistrate R Clisdell Decision: Sentence Catchwords: CRIMINAL LAW – high range PCA – drive while suspended – application of guideline judgment - 2 offences within 24 hours - danger to public - prior good character - excellent traffic record - serious alcohol abuse – rehabilitation - general deterrence - custodial sentence required - consideration of ICOs and suspended sentences as alternatives to full-time imprisonment - full-time imprisonment imposed Legislation Cited: Crimes (Sentencing Procedure) Act 1999, ss 3A, 7, 9, 12, 67 Cases Cited: Application by the Attorney General under Section 37 of the Crimes (Sentencing Procedure) Act for a Guideline Judgment Concerning the Offence of High Range Prescribed Concentration of Alcohol Under Section 9(4) of the Road Transport (Safety and Traffic Management) Act 1999 (No. 3 of 2002) [2004] NSWCCA 303 R v Pogson; R v Lapham; R v Martin [2012] NSWCCA 225 R v Zamagias [2002] NSWCCA 17 Whelan, Heath Andrew v R [2012] NSWCCA 147 Category: Sentence Parties: NSW Police Tony Jason Pipe (offender) Representation: Solicitors: Sgt Patterson (for the Police) Mr P Blunt (for the offender) File Number(s): 2015/72009 Publication restriction: Nil

Judgment 1. On 9 and 10 March 2015, Tony Pipe was arrested by Police for High Range PCA offences. On the second occasion he was also driving whilst suspended, having been suspended the day before. 2. His reading at 18:55 on 9 March was 0.387. At 16:33 on 10 March he recorded a blood alcohol concentration of 0.361.