Russell v Stephen

[2013] WASCA 284

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Driving offences
4. › Driving while not authorised
5. › Applicable penalty provision
6. › Whether lower penalty for suspension due to penalty enforcement laws applies where additional grounds of suspension exist
7. › Road Traffic Act 1974 (WA), s 49(1), s 49(3)(c), s 49(3)(d), s 51
1. Statutory Interpretation
2. › Overlapping legislative schemes
3. › Construction of related statutes to produce sensible and efficient operation
4. › Meaning of 'hold' a driver's licence
5. › Effect of licence suspension order on provisional licence
6. › Fines, Penalties and Infringement Notices Enforcement Act 1994 (WA), s 19
7. › Road Traffic Act 1974 (WA), s 49, s 51

Quick Take

A person whose provisional driver's licence is suspended under s 19 of the Fines Act 'does not hold' a driver's licence within s 51(5) of the RTA. The lower penalty provision in s 49(3)(d) of the RTA applies only where the penalty enforcement laws are the sole reason for the suspension of authority to drive; where additional grounds of suspension exist (such as automatic disqualification under s 51(5a)), the higher penalty provision in s 49(3)(c) applies.