Wilkie v Taylor  TASFC 7 (Case Cited (Attard v Moore  TASSC…
Wilkie v Taylor  TASFC 7
Motion should be allowed
Road Safety (Alcohol and Drugs) Act 1970 (Tas), s 17(3)(a).
Respondent Relies on s 7c for community order
Sentencing Act 1997 (Tas), s 7(c).
Community Order Quashed
Matter Remitted To Magistrates Court
Found at Paragraph 24, where a magistrate may not impose a community order upon a drink driving offender unless he/she also imposes a fine and/or a sentence of imprisonment which may be suspended.
Motion Should Be Dismissed
Ratio Found at Para 50, where section 17(3)of the Road Safety (Alcohol and Drugs) Act 1970 (Tas) does not displace section 7c of the Sentencing Act.
Custodial Offence Section 12 Sentencing Act
Agree with CJ Blow
Attard v Moore  TASSC 16 at 10
Parker v Stebbings  TASSC 28 at 49
Bonde v White  TASSC 30
Smith v Bonde  TASSC 24 at 7