Background:
The high range drink driving guideline judgment ('the
Guideline') was developed in response to an application by the
NSW Attorney General to address insufficient and ineffective
sentencing outcomes. In the years leading up to the
Guideline,
high range drink driving was one of the most
common criminal
offences to be sentenced in the Local Court and although
the maximum penalties were quite high, they were rarely
used.
The NSW Attorney General submitted that high range drink driving
was an "objectively serious summary offence which puts the
lives of the offender and others in danger". The approach to
sentencing leading up to the Guideline was declared too lenient and
was not working to discourage people from committing the offence.
Therefore, it was suggested that a 'guideline' was needed
to set out rules to enforce a stricter, more consistent sentencing
regime.
