Chinnery v Hansen

[2001] WASCA 349

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Driving while disqualified
4. › Sixth offence
5. › Whether suspended sentence of imprisonment appropriate
6. › Whether sentencing Magistrate erred in failing to give proper weight to mitigating factors
7. › Sentencing Act 1995 (WA), ss 6, 39
8. › Road Traffic Act 1974 (WA), s 49
1. Criminal Law
2. › Sentencing
3. › Imprisonment as last resort
4. › Suspended sentence
5. › Whether option of suspended imprisonment always open
6. › Whether considerations relevant to imprisonment must be revisited before refusing suspension
7. › Sentencing Act 1995 (WA), s 6(4)
1. Appeal
2. › Appeal against sentence
3. › Justices appeal
4. › Standard of appellate review
5. › Whether error demonstrated in exercise of sentencing discretion
6. › Whether sentence manifestly excessive
7. › Justices Act 1902 (WA), ss 196, 199

Quick Take

Following Dinsdale v The Queen and Cross v Cook, a sentencing court dealing with driving while disqualified offences must keep steadily in mind that the option of suspended imprisonment is always open, and must revisit all relevant mitigating factors before imposing immediate imprisonment, even for a sixth offence. A bare statement that suspended imprisonment is not appropriate, without demonstrating consideration of the full range of mitigating factors, may constitute appellate error.