The rigid sentencing standard from Eldridge v Bates — that imprisonment is the ordinary punishment for driving whilst disqualified and only exceptional circumstances justify a non-custodial sentence — is no longer to be followed. Imprisonment remains appropriate for the ordinary case but individual consideration must be given to the particular circumstances, having regard to ss 10 and 11 of the Criminal Law (Sentencing) Act 1988. The Court was divided on whether Everett principles apply to prosecution appeals from the Magistrates Court, with the majority (Doyle CJ, Duggan and Mullighan JJ) holding they do apply, and Lander and Bleby JJ holding they do not.
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