Lowe v Kowalski

[1986] TASSC 37

Supreme Court of Tasmania

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Drink-driving offences
4. › Blood alcohol concentration exceeding 0.05
5. › Licence disqualification
6. › Whether failure to impose any disqualification rendered sentence manifestly inadequate
7. › Whether restricted licence application circumstances constituted exceptional circumstances justifying no disqualification
1. Criminal Law
2. › Sentencing
3. › Review of sentence
4. › Motion to review magistrate's sentence
5. › Manifestly inadequate sentence
6. › Exercise of sentencing discretion on review

Quick Take

Where a drink-driving offender's circumstances warrant mitigation regarding driving restrictions, the proper course is to impose licence disqualification and grant a restricted licence, not to dispense with disqualification entirely. The facts in a restricted licence application are not capable of constituting exceptional circumstances justifying the absence of any licence disqualification for a reading of 0.11.

Case Details

Citation[1986] TASSC 37

CourtTASSC

JurisdictionTasmania

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Relies on

Lowe v PlaisterTASSC 36

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