WA v Gibbs

(2009) 192 A Crim R 399; [2009] WASCA 7

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Road traffic offences
4. › Dangerous driving occasioning death
5. › Circumstances of aggravation
6. › Whether sentences manifestly inadequate
7. › Customary sentencing standards
8. › Relevance of motor vehicle manslaughter penalties
9. › Road Traffic Act 1974 (WA), s 59(1)(b), s 59(3)(a)(i)
1. Criminal Law
2. › Statutory construction
3. › Road Traffic Act 1974 (WA)
4. › Amendment by Road Traffic Amendment (Dangerous Driving) Act 2004 (WA)
5. › Whether amendment created new offence or amended existing offence
6. › Alteration of elements of offence
7. › Removal of causation requirement
8. › Application of transitional sentencing provisions
9. › Sentencing Legislation Amendment and Repeal Act 2003 (WA), Sch 1 cl 2
1. Criminal Law
2. › Statutory construction
3. › Circumstances of aggravation
4. › Whether introduction of new circumstances of aggravation creates new offence
5. › Discussion of Kingswell v The Queen
6. › Road Traffic Act 1974 (WA), s 59, s 59B
1. Criminal Law
2. › Road traffic offences
3. › Suspension of driver's licence
4. › Whether separate periods of disqualification required for each offence
5. › Road Traffic Act 1974 (WA), s 59(3)
6. › Sentencing Act 1995 (WA), ss 103(1), 105(2)

Quick Take

The removal of the causation requirement by the Road Traffic Amendment (Dangerous Driving) Act 2004 (WA) created a new offence of dangerous driving occasioning death, with the consequence that the transitional sentencing provisions of the Sentencing Legislation Amendment and Repeal Act 2003 (WA) apply. Manslaughter sentencing standards are relevant comparators for dangerous driving occasioning death in circumstances of aggravation where the maximum penalties are equivalent. Separate licence disqualification periods must be imposed for each separate road traffic offence carrying a mandatory disqualification.