Bus Driver Discharge Appeal Success

Background

Mr Wu faced a drink-driving charge whilst operating a passenger bus, with a breath alcohol reading of 840 micrograms per litre - more than three times the legal limit. As a professional driver responsible for public transport, the charge threatened not only his immediate employment but his entire career in the transport industry, with consequences extending far beyond typical drink-driving penalties.

The Challenge

This case presented exceptional circumstances requiring appellate intervention:

• Extremely high reading whilst on duty: 840mcg reading whilst operating public transport

• Professional driver responsibilities: Breach of trust in passenger safety role

• Career-ending consequences: Complete loss of livelihood in transport industry

• Initial application declined: Community Magistrate refused discharge without conviction

• Ongoing professional sanctions: Industry-imposed consequences already in effect

• Public safety considerations: Serious breach of professional standards

  
  

Our Approach

Following the initial decline of the discharge application by the Community Magistrate at North Shore District Court, we prepared and filed a comprehensive appeal. Our appellate submissions focused on the disproportionate nature of the ongoing consequences Mr Wu was already enduring, demonstrating that these exceeded any sentence the court would typically impose for such offending.

Outcome

The appeal was successful, with the presiding judge making significant observations about the disproportionate consequences already imposed. The judge remarked:

"He has easily done far more than any sentence I would have imposed. He has no doubt learned an extremely salutary lesson from this experience. The consequences for him will continue to mount and endure until December of this year. Parliament did not intend consequences of the type that Mr Wu is presently enduring."

The court granted the discharge without conviction, recognising:

• Disproportionate consequences: Existing sanctions exceeded typical sentencing

• Legislative intent: Parliament did not intend such severe collateral consequences

• Rehabilitation demonstrated: Clear evidence of lessons learned

• Continuing hardship: Ongoing professional and personal impacts

Significance

This case demonstrates the importance of appellate advocacy when initial applications are declined. The successful appeal highlights how ongoing collateral consequences can themselves constitute punishment exceeding what Parliament intended, particularly in professional licensing contexts. The judicial commentary provides valuable precedent for future discharge applications involving professional drivers and demonstrates the courts' willingness to recognise disproportionate impacts on appeal.