Barron v WA

(2010) 55 MVR 123; [2010] WASCA 27

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Dangerous driving occasioning death
4. › Third offence of dangerous driving causing death
5. › High blood alcohol content
6. › Whether sentence of 7 years and 6 months manifestly excessive
7. › Road Traffic Act 1974 (WA), s 59
1. Criminal Law
2. › Sentencing
3. › Relevance of prior criminal record
4. › Prior convictions for same offence
5. › Whether prior record can justify emphasis on personal deterrence and community protection
6. › Whether sentence disproportionate to gravity of instant offence
1. Criminal Law
2. › Sentencing
3. › Statutory construction
4. › Whether s 105 of Road Traffic Act 1974 (WA) excludes prior conviction more than 20 years old
5. › Whether section applies where penalty does not vary according to prior convictions
6. › Road Traffic Act 1974 (WA), s 105

Quick Take

A sentence of 7 years and 6 months' imprisonment for dangerous driving occasioning death under s 59(1)(a) of the Road Traffic Act 1974 (WA) is not manifestly excessive where the offender had a blood alcohol content of 0.187%, two prior convictions for the same offence, a high risk of re-offending, and did not plead guilty. Section 105 of the Road Traffic Act 1974 (WA) does not apply to s 59 offences because s 59 does not prescribe different penalties for second or subsequent offences.