Pasic v The Police

[2001] WASCA 127

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law and Procedure
2. › Sentencing
3. › Extraordinary driver's licence
4. › Cancellation upon breach of conditions
5. › Whether special circumstances justified exercise of discretion not to cancel licence
6. › Road Traffic Act 1974 (WA), s 77(2)
1. Criminal Law and Procedure
2. › Sentencing
3. › Extraordinary driver's licence
4. › Meaning of 'special circumstances of the case'
5. › Whether includes circumstances personal to offender or limited to circumstances of offence
6. › Road Traffic Act 1974 (WA), s 77(2)
1. Appeal
2. › Appeal from Justices
3. › Error of principle in exercise of sentencing discretion
4. › Substitution of decision on appeal
5. › Justices Act 1902 (WA), s 199(1)(b), s 199(1)(c)

Quick Take

'Special circumstances of the case' in s 77(2) of the Road Traffic Act 1974 (WA) includes circumstances personal to the offender, not merely the circumstances of the offence. When determining whether to cancel an extraordinary licence upon breach, the court must exercise the statutory discretion having regard to the wider criteria in s 76(3), including hardship to the offender and family, the offender's character and conduct since disqualification, and the circumstances of the breach. Treating cancellation as automatic upon breach is an error of law.