Citation: Alameddine v R [2016] NSWDC 269
Court: District Court of New South Wales
Date: 2 February 2016
Judge(s): Neilson DCJ
Background
The appellant, a 25-year-old carpenter and small business owner, pleaded guilty in the Local Court at Newtown to driving a motor vehicle in a manner dangerous to the public on Marrickville Road, Dulwich Hill, on 8 July 2015. Police observed him travelling at an estimated speed exceeding 100 kilometres per hour, with radar readings between 113 and 121 kilometres per hour, in a 60 kilometre per hour zone during peak hour on a Wednesday evening. The appellant later said he was driving at that speed in order to get home in time to watch a State of Origin rugby league match.
Magistrate Williams sentenced the appellant to a fine of $1,200, a 14-month disqualification from driving (backdated to 8 July 2015 when police first suspended his licence), and a 12-month good behaviour bond. The appellant appealed against the length of the disqualification, arguing it should be reduced, primarily on the basis of economic hardship arising from the loss of his licence.
The appellant operated a building business and had, at the time of the appeal, hired a driver to transport him to work sites. He had also previously assisted his mother, who has serious health problems, by driving her to medical appointments, though his fiancée had since taken over that role.
Legal Issues
- Whether Magistrate Williams erred in the exercise of sentencing discretion by imposing a 14-month disqualification period rather than the minimum 12-month period
- Whether the appellant's claimed economic hardship from loss of his licence warranted a reduction in the disqualification period
Decision
Neilson DCJ characterised the offending as serious and the level of dangerous driving as extreme. The offence occurred during peak hour in inner-suburban Sydney, a time and location where pedestrians, cyclists, and motorists would have had no expectation of encountering a vehicle travelling at nearly double the speed limit. His Honour described the driving as fast, furious, and reckless.
The appellant's traffic history weighed heavily against him. His record spanned nearly ten years and included 13 licence suspensions, along with offences for mobile phone use, speeding, failure to display P-plates, and repeated failures to comply with traffic control signals. Neilson DCJ noted that disobeying traffic signals can, and does, cause serious injury and death.
On the economic hardship argument, Neilson DCJ found it unconvincing. The appellant had addressed the practical difficulty of not being able to drive by hiring a driver for his business. While that arrangement would carry some cost, no evidence of actual economic hardship of any significance was before the court.
Neilson DCJ declined to interfere with the magistrate's exercise of discretion and dismissed the appeal. His Honour observed, with some candour, that having regard to the original three-year automatic disqualification imposed by Magistrate Grogan on the same facts, the 14-month period imposed by Magistrate Williams was already a substantial reduction in the appellant's favour.
Orders Made
- Appeal dismissed.
Key Takeaways
- In dismissing the appeal, the District Court confirmed that a claimed need to drive for business purposes does not, without evidence of actual economic hardship, justify reducing a disqualification period below that imposed by the sentencing magistrate.
- A prior traffic record showing 13 licence suspensions and repeated traffic signal offences is a significant factor weighing against leniency in a dangerous driving sentencing exercise.
- The automatic disqualification period for dangerous driving in NSW is three years, with a minimum of 12 months; the sentencing court retains a discretion to impose a period higher than the automatic period.
- Extreme speed in a peak-hour, inner-suburban environment increases the assessed seriousness of a dangerous driving offence, particularly where other road users, including pedestrians and cyclists, would have no reason to expect such conduct.
- Practical steps taken by an offender to manage the consequences of licence loss (such as hiring a driver) may actually undercut the weight of a hardship argument by demonstrating that alternatives exist.
Legislation and Cases Referenced
Legislation:
- Road Transport Act (NSW), s 225 (backdating of licence suspension)
- Crimes (Sentencing Procedure) Act 1999 (NSW), s 9 (good behaviour bond, referenced in judgment)
Cases cited: None cited in the judgment text.