McGregor v Maguire

[2008] ACTSC 7

Supreme Court of the ACT

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Driving offences
4. › Alcohol-related offences
5. › Level 3 PCA
6. › Repeat offender
7. › Disqualification period
8. › Whether magistrate proceeded under misapprehension as to eligibility for restricted licence
9. › Road Transport (Alcohol and Drugs) Act 1977 (ACT), ss 19, 33
10. › Road Transport (General) Act 1999 (ACT), s 67
1. Appeal
2. › Appeal from Magistrates Court
3. › Sentencing appeal
4. › Error of law
5. › Misapprehension of statutory provisions affecting sentence
6. › Whether sentencing discretion miscarried
7. › Magistrates Court Act 1930 (ACT), s 216

Quick Take

A repeat offender convicted of a PCA offence under s 33 of the Road Transport (Alcohol and Drugs) Act 1977 (ACT) is ineligible for a restricted licence during the entire period of disqualification imposed, not merely the minimum period, by operation of s 67(3)(b) of the Road Transport (General) Act 1999 (ACT). The statutory scheme providing a default disqualification period reducible to a minimum is not contrary to Markarian v R.