Benjamin Charles Reynders v Matthew James Wynants

BENJAMIN CHARLES REYNDERS v MATTHEW JAMES WYNANTS
[2008] ACTSC 143 (25 November 2008)

EX TEMPORE JUDGMENT

ON APPEAL FROM THE MAGISTRATES COURT

No. SCA 68 of 2008

Judge: Higgins CJ
Supreme Court of the ACT

Date: 25 November 2008

IN THE SUPREME COURT OF THE       )
  )          No. SCA 68 of 2008
AUSTRALIAN CAPITAL TERRITORY    )

ON APPEAL FROM THE MAGISTRATES COURT

BETWEEN:BENJAMIN CHARLES REYNDERS

Appellant

AND:MATTHEW JAMES WYNANTS
Respondent

ORDER

Judge:  Higgins CJ
Date:  25 November 2008
Place:  Canberra

THE COURT ORDERS THAT:

The sentences imposed by Magistrate Lalor be confirmed.

In respect of CC08/4885, the sentence be reimposed so as to date from 1 September 2008 and the licence disqualification period be reduced to 12 months from that date.

I am minded to reduce the licence disqualification period to the default period on the basis that while his Honour said, “you pleaded guilty on the third occasion you came before the court” it was in fact on the information before his Honour on the second occasion. But, as Mr Herrald said, it should have been noted on the first occasion that it came before the Registrar and I think some more leniency would have perhaps been attracted by that, although not a huge amount because, as Ms Campbell says, the prosecution case was not a weak one by any means.

Whilst I confirm in all other respects the sentences imposed by his Honour, I re‑impose the sentence for the prescribed concentration of alcohol offence to date from 1 September this year and I reduce the disqualification to apply for 12 months from that date rather than 15 months. Otherwise the appeal is dismissed.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of his Honour, Chief Justice Higgins.
Associate:
Date: 25 November 2008

Counsel for the appellant:  Mr P Herrald
Solicitor for the appellant:  Jack C Herrald
Counsel for the respondent:  Ms J Campbell
Solicitor for the respondent:  Director of Public Prosecutions for the ACT
Date of hearing:  25 November 2008
Date of judgment:  25 November 2008

CaseChat Overview and Summary

In the Supreme Court of the Australian Capital Territory, Benjamin Charles Reynders, the appellant, appealed against the sentences imposed by Magistrate Lalor in the Magistrates Court. The appeal pertained to multiple charges, including a prescribed concentration of alcohol offence, and involved a review of the sentences' length and the disqualification period for holding a driver’s licence. The appellant argued that the sentences were excessive and that the disqualification period should be reduced. The respondent, Matthew James Wynants, was represented by the Director of Public Prosecutions for the ACT, who defended the sentences on the grounds of the appellant's criminal history and the severity of the offences.

The court was tasked with determining whether the sentences imposed were appropriate in light of the appellant's prior convictions and the nature of the current offences. It also had to assess the accuracy of the disqualification period for the appellant's driver’s licence. The appellant's legal team argued that the disqualification period was overly punitive and should be reconsidered, particularly in light of the appellant's first appearance before the Registrar, which should have been noted as an earlier offence. The respondent maintained that the sentences were justified due to the appellant's repeated criminal behaviour and the gravity of the alcohol-related offence.

The Supreme Court found that while the sentences were generally appropriate, the disqualification period for the driver's licence was excessive. The court accepted that the appellant's third guilty plea should have been counted from his first appearance before the Registrar, which would have warranted some leniency. However, the court acknowledged that the prosecution's case was strong, and therefore, only minor adjustments were warranted. The court confirmed all sentences except for the disqualification period, which was reduced to 12 months from the date of the reimposed sentence. The appeal was otherwise dismissed, and the sentences were confirmed with the noted modifications.

The court ordered that the sentences imposed by Magistrate Lalor be confirmed, except for the reduction in the disqualification period for the driver's licence to 12 months from 1 September 2008. The sentence for the prescribed concentration of alcohol offence was to be reimposed from the same date. This decision reflects a balanced approach, recognising the appellant's repeated offences while also applying some leniency based on the procedural error identified in the initial sentencing.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established