Nebro v Duxbury & Anor

(2000) 31 MVR 499; [2000] WASCA 171

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Parole eligibility
4. › Whether magistrate erred in refusing parole eligibility order
5. › Lack of matters pointing positively to appropriateness of parole
6. › Many prior convictions for similar offences
7. › Sentencing Act 1995 (WA), s 89
1. Criminal Law
2. › Sentencing
3. › Road traffic offences
4. › Driving under influence of alcohol
5. › Eighth conviction
6. › Driving without licence while disqualified
7. › Imprisonment without parole eligibility
8. › Road Traffic Act 1974 (WA), ss 49, 63(1)
1. Appeal
2. › Appeal from Magistrates Court
3. › Sentencing appeal
4. › Standard of appellate review
5. › Whether identifiable error in exercise of sentencing discretion
6. › Justices Act 1902 (WA), s 186

Quick Take

An offender's extensive prior record of similar offences, demonstrating a continuing propensity to disregard the law, may justify refusal of parole eligibility under s 89 of the Sentencing Act 1995 (WA) even where the total sentence is relatively short. Vague and unsubstantiated prospects of employment do not constitute material pointing positively towards the appropriateness of parole.