visit this link to make a payment by midnight 14-11-2025:
If payment is not received the following will take place:
1) any and all property that was left behind at 9 Sylvana Way will be considered abandoned.
2) this property will be disposed of at the discrection of John Lamerand
3) your debt will be considered irrecoverable
Why is this happening?
You signed an agreement stating that you would pay rent. Your first week of rent was waived. Subsequently rent was owed. Bills for power and gas have been added per the agreement.
You were found in breach of the agreement when the following took place:
1) you failed to remit all receipts for food as requested, hampering efforts by John Lamerand to satisfy clause 6 of the agreement,
2) you repeatedly violated clause 7 regarding use of utilities,
3) you repeatedly violated clause 8 regarding quiet enjoyment, property, privacy and sleep schedules,
4) you repeatedly violated clause 10 regarding consumption of alcohol on the premises,
5) you repeatedly violated clause 11 regarding enaging in illegal activities while on the property. On more than one occasion you operated a motor vehicle that was parked on the premises while being intoxicated to an extent that makes driving of a vehicle illegal in the State of Western Australia despite being told that you were at risk, that your driving of vehicles while intoxicated was illegal and dangerous. A legal summary of the applicable laws are presented on the right => (when viewed on a computer screen, and below when viewed on a smaller screen),
6) you repeatedly violated clause 19 regarding borrowing the personal goods of another occupant without prior approval,
7) it was brought to your attention that your actions were causing damage to John Lamerand’s personal property in violation of clause 19 regarding damage to personal property. When this damage was pointed out to you you became argumentative. Damage to private folio materials is serious and finding replacement items is very time consuming and expensive, a provision covered in clause 24 of the agreement,
8) you violated clause 20 regarding use of personal property held in common areas,
9) you repeatedly violated clause 21 regarding cleanliness. On performing a vacate clean maggots were discovered in your room,
10) it was brought to your attention that the agreement had been terminated per clause 26 of the agreement however you failed to acknowledge this event, bringing rotten meat into the house and ‘washing’ it in the kitchen sink against the express wishes of John Lamerand. When you were asked to leave you became argumentative,
11) you have failed to abide by clause 28 regarding forwarding addresses - a breach of which may make you liable for additional costs should legal process servers be required — and frankly, given your history with the courts it would not be unreasonable to come to the conclusion that you will see the inside of a court room again,
and
12) you drove your vehicle while intoxicated while on the property, and in the process, collided into property owned by Ashley Koroma despite her repeated attempts to raise your attention to that fact and the risk of collision.
With all of this in mind, I am letting you know that I intend to invoke clause 29 with regards settling your accounts and collecting your property.
By the end the 14th day of November you will have had 14 days to pay what you owe and collect the remainder of your property.
I will not entertain any more phone calls as verbal discussions are more difficult to provide to a court should court proceedings be required.
Laws in WA relating to Driving While Intoxicated
In the State of Western Australia, under the authority of the Road Traffic Act 1974 (WA) (the “Act”), it is unlawful for a person to drive or attempt to drive a motor vehicle while their faculties are so affected by alcohol or drugs that they are incapable of having proper control of the vehicle. Section 63 of the Act provides:
“Driving or attempting to drive etc. while under the influence of liquor or drug
(1) A person who —
(a) drives or attempts to drive a motor vehicle; or
(b) is in charge of a motor vehicle on a road or in a public place;
while under the influence of liquor or of a drug or of a combination of liquor and a drug to such an extent as to be incapable of having proper control of the vehicle, commits an offence.”
Moreover, Section 64 of the Act deals with the offence of driving or attempting to drive a motor vehicle with a blood alcohol content (“BAC”) of or above 0.08 g of alcohol per 100 ml of blood. The statute provides, inter alia:
“64.(1) A person who drives or attempts to drive a motor vehicle while having a blood alcohol content of or above 0.08 g of alcohol per 100 ml of blood commits an offence, and the offender may be arrested without warrant.”
The law further provides for graduated minimum fines, licence disqualification periods, and additional consequences where the driver is subject to a zero-BAC limit (for example, novice, heavy vehicle or taxi drivers) or has prior offences.
It is also an offence under the Act to refuse or fail to submit to a breath, blood or urine sample when required by a police officer. Immediate disqualification may be imposed pursuant to the Act (for example via an Immediate Disqualification Notice) in circumstances where a driver fails an evidentiary breath test or refuses to provide a sample.
In the event of a conviction for driving under the influence of alcohol or drugs, or for driving with an excess BAC, the court may impose a range of sanctions including, but not limited to: a monetary fine; disqualification of the person from holding or obtaining a driver’s licence for a minimum prescribed period; cancellation of the driver’s licence; and in more serious cases, imprisonment. Participation in the mandatory Alcohol Interlock Scheme may also be ordered.
It follows that any person who operates or attempts to operate a motor vehicle on a road, path, track, car‐park or any other place to which the public has access, while their ability to control the vehicle is impaired by alcohol or drugs, or while their BAC exceeds the statutory limit, is exposed to criminal prosecution and serious sanctions under the Road Traffic Act 1974 (WA).
Furthermore, in the event that you are a repeat offender:
Operation of a Motor Vehicle While Intoxicated (Repeat Offender)
Jurisdiction: State of Western Australia
Relevant Legislation: Road Traffic Act 1974 (WA), Road Traffic (Authorisation to Drive) Regulations 2014 (WA), and Road Traffic (Alcohol Interlock) Regulations 2016 (WA)
1. Overview of the Offence
Under section 63 of the Road Traffic Act 1974 (WA), it is an offence for a person to drive or attempt to drive a motor vehicle while under the influence of alcohol or drugs to such an extent as to be incapable of having proper control of that vehicle.
For a repeat offender, meaning a person previously convicted of an offence under sections 63, 64, or 64AA of the Act, the penalties are substantially more severe, reflecting the increased risk to public safety and the disregard of prior court orders.
2. Statutory Provisions
Section 63(1) provides that:
“A person who —
(a) drives or attempts to drive a motor vehicle; or
(b) is in charge of a motor vehicle on a road or in a public place;
while under the influence of liquor or of a drug or of a combination of liquor and a drug to such an extent as to be incapable of having proper control of the vehicle, commits an offence.”
Under section 63(3), where the offender has previously been convicted of a similar offence, the penalties escalate. The court must, unless exceptional circumstances exist, impose both a fine and a term of imprisonment, together with mandatory licence disqualification.
Furthermore, section 64(1) of the Act states that:
“A person who drives or attempts to drive a motor vehicle while having a blood alcohol content of or above 0.08 grams of alcohol per 100 millilitres of blood commits an offence.”
A repeat offence under section 64(1)** (driving with a BAC ≥ 0.08)** triggers higher penalties pursuant to section 64(6), including:
A minimum fine of $1,600,
Imprisonment for up to 9 months, and
Mandatory licence disqualification for not less than 30 months.
In the case of a third or subsequent offence, the court may impose imprisonment up to 18 months and disqualification for life, in addition to ordering participation in the Alcohol Interlock Scheme under the Road Traffic (Alcohol Interlock) Regulations 2016 (WA).
3. Mandatory Alcohol Interlock Conditions
Under regulation 4 of the Road Traffic (Alcohol Interlock) Regulations 2016 (WA), a person convicted of a repeat drink-driving offence must be subject to a mandatory Alcohol Interlock Condition upon reinstatement of their driver’s licence.
This requires the installation and use of an approved alcohol interlock device for a minimum period prescribed by the Director General of Transport, generally at least 180 days and not less than the period of disqualification served.
4. Sentencing and Court Considerations
The Magistrates Court of Western Australia exercises jurisdiction over such offences.
In sentencing a repeat offender, the Court will typically consider:
The offender’s prior convictions and compliance with prior orders,
The degree of intoxication (measured BAC or observed impairment),
Any aggravating factors (e.g. collision, injury, public endangerment),
The offender’s participation in rehabilitation or counselling, and
The necessity for deterrence and protection of the public.
Pursuant to section 80(2) of the Road Traffic Act 1974 (WA), the Court must order disqualification from holding or obtaining a driver’s licence for a minimum of 30 months, with no discretion to reduce below the statutory minimum in the case of a repeat offence.
5. Summary of Legal Effect
Accordingly, the act of operating or attempting to operate a motor vehicle while intoxicated — where the person has previously been convicted of a similar offence — constitutes a serious criminal breach of the Road Traffic Act 1974 (WA).
A person convicted of such a repeat offence is liable to:
A fine and/or term of imprisonment;
Immediate disqualification from holding or obtaining a driver’s licence;
Participation in the Alcohol Interlock Scheme; and
Permanent revocation of a driver’s licence in the event of further offending.
Prepared in accordance with:
Road Traffic Act 1974 (WA) ss 63, 64, 64AA, 80;
Road Traffic (Authorisation to Drive) Regulations 2014 (WA);
Road Traffic (Alcohol Interlock) Regulations 2016 (WA).