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The high-range PCA guideline judgment in NSW.
High-range drink driving is treated more seriously than any other PCA offence, and part of the reason is a guideline judgment that tells the courts how to approach it. This note explains what the high-range PCA guideline judgment is, what it signals about the expected outcome, and how it affects a high-range case.
By Aaron Kernaghan · Published 3 September 2026
NSW has a guideline judgment for high-range PCA, issued by the Court of Criminal Appeal, that shapes how these matters are sentenced. It signals that for a typical high-range PCA offence a conviction and disqualification are expected, that a section 10 will be rare, and that an ordinary offender should not expect to avoid a conviction. It guides magistrates towards consistency in high-range drink-driving sentences.
What is a guideline judgment?
A guideline judgment is a judgment of the Court of Criminal Appeal that gives guidance to courts on how to approach sentencing for a particular offence, to promote consistency. It is not a rigid formula, and it does not remove the court's discretion, but it sets out what an ordinary case looks like and what outcome is expected.
For high-range PCA, the guideline judgment addresses how magistrates should deal with these offences, given how common they are and how important consistency is.
What does the high-range PCA guideline say?
The guideline indicates that, for a typical high-range PCA offence, a conviction should ordinarily be recorded, an automatic disqualification should ordinarily apply, and a section 10 should be rare and reserved for exceptional cases. It signals that an ordinary offender should not expect to avoid a conviction.
It also gives guidance on the kinds of factors that make an offence more or less serious, such as the level of the reading, the manner of driving, and whether there was an accident, helping courts place a particular offence on the scale.
When are a conviction and disqualification expected?
Under the guideline, for a typical high-range offence, a conviction and disqualification are the expected outcome. Avoiding a conviction through a section 10 is treated as exceptional, so a person hoping for that outcome faces a steep task and needs genuinely exceptional circumstances.
This is why high-range PCA is so different from a low-range first offence. The guideline sets the baseline expectation firmly towards a conviction and disqualification.
How does it affect your case?
The guideline shapes the realistic range of outcomes. It means a high-range matter is approached on the footing that a conviction and disqualification are likely, and the work is to minimise the disqualification, to secure the interlock path, and, where the facts are genuinely exceptional, to argue for a better result.
It also means preparation matters. The subjective case, the reason for driving, the steps taken since, and any exceptional features can move a matter within the range the guideline contemplates.
What should you do with a high-range charge?
Get advice early and be realistic. A high-range PCA is serious, and the guideline sets the expectation. The work is to present the strongest possible case on the level of the offence and the person's circumstances, to achieve the best outcome the guideline allows.
Completing a traffic offender program, gathering references, and addressing any alcohol issue all help. Our notes on high-range PCA and disqualification periods explain the consequences.
Frequently asked.
What is the high-range PCA guideline judgment?
A judgment of the NSW Court of Criminal Appeal that guides courts on sentencing high-range PCA offences, to promote consistency. It signals that a conviction and disqualification are ordinarily expected and a section 10 will be rare.
Does the guideline mean I will get a conviction for high-range PCA?
For a typical high-range offence, a conviction and disqualification are the expected outcome under the guideline. Avoiding a conviction is treated as exceptional and requires genuinely exceptional circumstances.
Can I get a section 10 for high-range PCA?
Rarely. The guideline indicates a section 10 should be reserved for exceptional cases. An ordinary high-range offender should not expect to avoid a conviction.
Is a guideline judgment binding?
It is not a rigid formula and does not remove the court's discretion, but it sets out what an ordinary case looks like and the expected outcome, and courts must have regard to it for consistency.
What should I do about a high-range charge?
Get advice early and be realistic. The work is to present the strongest case on the level of the offence and your circumstances, minimise the disqualification, secure the interlock path, and argue any exceptional features.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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