R v Cunningham

[2005] QCA 321

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Procedural fairness in sentencing
4. › Failure to afford opportunity to be heard before imposing additional penalty
5. › Whether breach of natural justice
6. › Whether Court of Appeal should exercise sentencing discretion afresh
7. › Penalties and Sentences Act 1992 (Qld), s 187
1. Criminal Law
2. › Sentencing
3. › Disqualification from holding driver's licence
4. › Disqualification imposed in addition to sentence for offence connected with driving
5. › Whether three-year disqualification manifestly excessive
6. › Relevance of deliberate use of motor vehicle as medium for personal violence
7. › Penalties and Sentences Act 1992 (Qld), s 187
1. Traffic Law
2. › Licensing of drivers
3. › Disqualification, cancellation and suspension of licences
4. › Commencement date of disqualification
5. › Whether disqualification under s 187 runs from date of conviction or date of sentence
6. › Penalties and Sentences Act 1992 (Qld), s 187(1)(b)

Quick Take

A sentencing judge must afford the parties an opportunity to be heard before imposing a disqualification from holding a driver's licence under s 187 of the Penalties and Sentences Act 1992 (Qld), even where neither party has addressed the issue. A disqualification under s 187(1)(b) commences from the date of conviction, not the date of sentence. Where motor vehicles are used as a medium for personal violence rather than through culpable negligence, a disqualification of the order of 12 months may be appropriate for a young offender.