At a glance
What is the high-range PCA guideline judgment?
The NSW high-range prescribed concentration of alcohol (PCA) guideline judgment is a Court of Criminal Appeal decision about sentencing principles for high-range drink-driving matters. It is formally known as Attorney General’s Application No 3 of 2002 [2004] NSWCCA 303. The decision was delivered by a five-judge Court of Criminal Appeal on 8 September 2004 and is listed by the NSW Sentencing Council as the High Range PCA guideline judgment.
The original case concerned the then high-range offence under section 9(4) of the Road Transport (Safety and Traffic Management) Act 1999. That is not the current statutory numbering. The current NSW offence framework is found in the Road Transport Act 2013. The historical decision should therefore be treated as an authority about sentencing guidance, not as though the original legislation, offence wording or penalty scheme remains unchanged.
Why was the judgment issued?
Guideline judgments are intended to promote consistency in sentencing while allowing a court to consider the particular circumstances of the matter. The Judicial Commission explains that the high-range PCA guideline describes an “ordinary case” and identifies circumstances in which particular dispositions may be appropriate or inappropriate. It also identifies factors that may increase moral culpability.
The judgment deliberately did not use numerical penalty indicators. It is not a sentencing calculator and does not convert a particular blood-alcohol reading, driving history or personal circumstance into an automatic sentence. A court must apply the current law to the facts proved or accepted in the individual matter.
What does “ordinary case” mean?
In this context, “ordinary case” is a framework used in the guideline judgment to discuss sentencing considerations. It does not mean that every high-range PCA matter is ordinary, or that a person can establish a particular sentencing result simply by describing their matter that way.
The judgment discusses circumstances relevant to sentencing, including matters that may affect moral culpability and the appropriateness of particular dispositions. Those considerations are not automatic rules. Their relevance depends on the evidence, the submissions made, the current statutory scheme and the judicial officer’s assessment of the matter.
A guilty plea, remorse, rehabilitation, employment needs, low traffic, a particular BAC or the fact that it is a first offence should not be presented as guaranteeing a non-conviction order, avoiding imprisonment, reducing disqualification or producing any other result. Any defence or sentencing issue may require evidence and legal assessment.
How does it fit with current NSW law?
Current NSW legislation defines “high range prescribed concentration of alcohol” as 0.15 grams or more of alcohol in 210 litres of breath or 100 millilitres of blood. The current offence, sentencing, licensing and interlock provisions must be checked in the version of the Road Transport Act 2013 that applies to the relevant date.
The NSW Government publishes current information about drink-driving penalties and related consequences. Those figures and rules are source-sensitive: penalty units, disqualification provisions, alcohol-interlock requirements and administrative processes can change. This page should be reviewed against the official sources immediately before publication and whenever the page is updated.
The guideline judgment does not replace the current Act. It also does not establish a universal defence, a guaranteed section 10 or other non-conviction order, an automatic interlock exemption, or an automatic entitlement to any particular outcome.
Neutral preparation checklist
For general information purposes, a person preparing for a high-range PCA sentencing or court process may wish to organise the following material. This is a neutral checklist, not personalised legal advice or a prediction of how a court will assess any item.
- the exact charge wording, court location, date and attendance instructions;
- the police facts, notices, certificates and other documents provided in the matter;
- any material relevant to the alleged reading, testing process or prior convictions, subject to what is legally admissible and relevant;
- an accurate driving and licence history, including relevant prior matters;
- documents that may be relevant to sentencing issues, such as employment, health, rehabilitation or personal circumstances, where appropriate and available; and
- a clear record of questions to raise with a qualified lawyer or the relevant court service.
Local Court procedure and available filing or online options should be confirmed through current Local Court information. A person considering a guilty plea, sentencing material or a defended hearing should obtain advice about their own circumstances rather than relying on a general webpage.
Common questions
What is the NSW high-range PCA guideline judgment?
It is Attorney General’s Application No 3 of 2002 [2004] NSWCCA 303, a 2004 Court of Criminal Appeal decision providing sentencing guidance for high-range PCA matters.
Is the 2004 guideline judgment still relevant?
It remains a historical sentencing authority, but it must be read with the current Road Transport Act 2013 and current NSW penalty and licensing provisions.
Does the guideline guarantee a particular sentence?
No. It is not a sentencing calculator or guarantee. The court considers the current law and the facts proved or accepted in the individual matter.
Related information
Official sources
- Judicial Commission of NSW: Number 35 — impact of the high-range PCA guideline judgment
- NSW Sentencing Council: guideline judgments
- NSW Caselaw: Attorney General’s Application No 3 of 2002
- NSW Legislation: Road Transport Act 2013
Source-check note: current penalty, disqualification, interlock and procedural information should also be checked against the current NSW Government drink-driving penalties page at publication and review.