Legal Fundamentals

Legal Fundamentals

Activity 2q

Culpable driver sentenced to imprisonment

  1. Pullen J focused on protection in the case of Dunkley-Price, observing that it was necessary to protect the community from Dunkley-Price’s continued driving offences. Her Honour also focussed on deterrence. Sheconsidered it necessary to impose a sentence that would provide general deterrence to other road users from driving in a similar way. In addition, the sentence needed to specifically deter Dunkley-Price from driving in a similar fashion in future, because he was driving while disqualified when the offence occurred, and he had a history of other driving offences.
  2. Responses will vary. For example, students could point out that specific deterrence is where the offender themselves does not want to receive that consequence again, so they are discouraged from offending again in the future, to avoid receiving another sanction. By encouraging offenders to think twice about breaking the law, society will be protected – the community will be protected from future offending by the convicted person.