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Wilkie v Taylor [2015] TASFC 7 (Case Cited (Attard v Moore [2017] TASSC 16…
Wilkie v Taylor [2015] TASFC 7
CJ Blow
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
Ratio Decidendi
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.
J Eastcourt
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
J Pearce
Agree with CJ Blow
Case Cited
Attard v Moore [2017] TASSC 16 at 10
Parker v Stebbings [2017] TASSC 28 at 49
Bonde v White [2017] TASSC 30
Smith v Bonde [2016] TASSC 24 at 7