Horton v Burton

[1999] WASCA 82

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Traffic Law
2. › Licensing of drivers
3. › Disqualification from driving
4. › Permanent disqualification
5. › Whether further disqualification can be made cumulative on existing permanent disqualification
6. › Road Traffic Act 1974 (WA), ss 49(3), 63(2)(c), 78(3)(c)
1. Statutory Interpretation
2. › Construction of penal provisions
3. › Meaning of 'permanent' disqualification
4. › Whether 'permanent' is synonymous with 'everlasting'
5. › Distinction between permanent disqualification and life imprisonment
6. › Maxim lex non cogit ad impossibilia
7. › Road Traffic Act 1974 (WA), ss 49(3), 63(2)(c), 78

Quick Take

A further period of disqualification imposed under s 49(3) of the Road Traffic Act 1974 (WA) operates cumulatively upon an existing permanent disqualification. The cumulative period has practical effect if the permanent disqualification is later removed under s 78. 'Permanent' disqualification is not equivalent to a life sentence and the life sentence cases do not apply.

Case Details

Citation[1999] WASCA 82

CourtWASCA

JurisdictionWestern Australia

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Cited by3

2004Clough Engineering v ThomasWASCA 36
2003Jackamarra v OrrWASCA 278
2002Sevelj v RoffeyWASCA 20

Relies on4

1999Thompson v ByrneHCA 16
1997Vanit v RHCA 51
R v FarlowNSWCCA 348
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