This was his fourth drink driving offence in the space of six years. The effect on dependants is a matter which should be taken into account [see Bates v Police (1997) 70 SASR 66; [1997] SASC 6430]. There was a background of severe violence from the children’s father and a psychiatrist’s report advising against imprisonment. What are sentencing guidelines? Many defendants do not realise the seriousness of this offence, nor that the penalty may be a sentence of imprisonment in “run of the mill” cases, even for a first offence. The defendant received an immediate term of imprisonment of two weeks. The guidelines will come into force on 1 January 2021. This is even if you are seeking the removal of disqualification from driving. The defendant had received concurrent sentences of twenty-one days each for driving whilst disqualified and driving under the influence of alcohol. 0000005947 00000 n ... Now I have got court in two months , for the charges Driving Whilst Disqualified and Using a motor vehicle on a public road without third party insurance. A person driving a vehicle whilst his/her licence is suspended or disqualified (regardless of the reason they have been suspended/disqualified) faces a maximum penalty of imprisonment for 6 months for a first offence and imprisonment of up to 2 years for a subsequent offence [s … There was no public transport available and no money for a taxi. He was caught driving on the twenty-fifth of January and raised the defence of an honest mistaken belief on reasonable grounds. This most recent consultation relates primarily to Magistrates' Courts Sentencing Guidelines (MCSG) and covers: driving whilst disqualified, breach of a community order and totality. This starting point is for a first-time offender who has pleaded not guilty. This guidance is provided to provide an overview on procedure and charging practice that is not dealt with in the existing road traffic guidance being 1. The grounds for this decision was based upon the realisation that an immediate term of imprisonment would likely undo the rehabilitation undertaken by the appellant during the six months between the offence and the date of the hearing [see Hinds v Police[1997] SASC 6259 (Unreported, Lander J, 15 July 1997). Drink Driving Penalty Calculator Sentencing Guidelines Drink Driving Courses DVLA Medical Information Drink Driving Insurance. If convicted of driving whilst disqualified, it is usual practice for the Court to briefly adjourn... Charged with driving whilst disqualified. A Glenrothes man has been jailed after being caught driving while disqualified for a third time in 13 months. Driving Whilst Disqualified Sentencing Guidelines England & Wales: The maximum sentence a person can receive for driving whilst disqualified is 6 months imprisonment and/or a fine of £5,000. Even where a sentence of imprisonment may be appropriate because of the contumacious character of the driving itself, the sentencing Magistrate should nevertheless have regard to whether there is good reason to suspend that sentence [see Sentencing Act 2017 (SA) s 96]. There remains disagreement and inconsistency as to the proper application of the principles in Cadd . The following commentary is intended only as a general guide to the sentencing principles and standards in relation to drive disqualified offence(s), mitigating factors and the defence of honest and reasonable mistake of fact. 0000003553 00000 n 24 41 The Magistrates will have regard to Sentencing Guidelines: where there is higher culpability and greater harm, i.e. If the disqualification has been recently imposed the sentence starting point on the Magistrates' Sentencing Guidelines is 12 weeks custody. The drive whilst disqualified offence was committed while the defendant was on parole. Offences under s3ZC of the Road Traffic Act 1988 (casuing death by disqualified driving) are specified offences for the purposes of the public protection provisions in the 2003 Act (as amended). h�b```f``Y������� Ȁ �@16���� � A duty solicitor is not in a position to take the necessary detailed instructions to present submissions in mitigation; these would include: Failure to adequately prepare submissions in mitigation could adversely affect the chances of a defendant who later wishes to appeal an immediate sentence of imprisonment, owing to the fact that he or she was represented by counsel at the time of sentencing [see Guilty Pleas chapter]. 0000069203 00000 n 0000006315 00000 n In the case of a second or subsequent offence, it will naturally be harder but not necessarily impossible for the sentencing Magistrate to order a penalty other than an immediate sentence of imprisonment. The quality of “defiance” required to characterise the driving as contumacious was discussed by Lander J in Johns v Police (at 7): Because the test is contumacy the inquiry must be more directed to attitude. However, it must be conceded that without conviction cases would be rare in view of the serious nature of the offence. Appeal cases on defence of honest and reasonable mistake of fact. Obtaining a Driving Licence Whilst Disqualified: Fine up to £1,000. When driving under disqualification he had a blood alcohol reading of 0.227. If the driving exhibits an attitude of defiance then that would normally amount to contumacy and may call for a sentence of imprisonment. In other cases involving a first offender where the offending is otherwise, the starting point need not necessarily be imprisonment. 0000009191 00000 n The defendant panicked, rode his bicycle home to get his car and drove to the required destination. The penalty will be much more severe if you caused the collision and were driving whilst disqualified than it would be if you were driving whilst … %PDF-1.4 %���� Release When charged under s. 320.18 [driving while prohibited] , the accused can be given an appearance notic… There are sentencing guidelines for the offence of driving whilst disqualified. A person who commits a second or subsequent offence will, because of the circumstances of the offence, be more likely to be imprisoned in relation to that offence. Penalties for driving whilst disqualfied. Driving whilst disqualified, coupled with a manner of driving which breaches any provisions in the Road Traffic Act 1961, and particularly where that breach repeats the breach that resulted in the initial disqualification, will be viewed seriously by the Court [see Evans v Higgins (1989)153 LSJS 454]. The Magistrates will have regard to Sentencing Guidelines: where there is higher culpability and greater harm, i.e. On this point, Justice Lander in Johns v Police [1998] SASC 6729, said (at 7): However, even if it is contumacious behaviour it will not necessarily give rise to an immediate sentence of imprisonment. Serving a custodial sentence is not inevitable. She drove to pick her sons up from an access visit with their father, when a prior arrangement fell through due to her mother’s illness. a duty solicitor does not have the time to take the detailed instructions required to do this. 0000000016 00000 n However, prosecution may challenge the “non-contumacious” basis of a plea of guilty and the defendant and any witnesses may be required to give evidence on oath as to the circumstances and state of mind which led to the driving. Driving whilst disqualified is regarded by the court as a very serious offence because it usually constitutes a defiance of, and contempt for, an order either of the court or a Registrar. It means something more than mere intention to drive disqualified which is an essential element of the charge. 0000001748 00000 n 0000001888 00000 n He had taken his six-year-old grand-daughter to the Royal Show and had returned to his wife’s house with her to get a lift home. 0000001481 00000 n Is the decision to drive whilst disqualified one which should be characterised as “contumacious”? The defendant’s only prior conviction was for the PCA offence which had led to his disqualification, and he had positive character references from his employers. Pleadings Offences under s. 320.18 [driving while prohibited] are hybrid with a Crown election. 0000064915 00000 n Disqualified Driving 1 We can give you advice on Disqualified Driving Disqualified driving carries a maximum sentence of 6 months imprisonment and a fine of up to £5,000 plus an additional driving ban. If not, the court may find good reason to impose a lesser penalty such as a fine or community service. Driving whilst disqualified is regarded by the court as a very serious offence because it usually constitutes a defiance of, and contempt for, an order either of the court or a Registrar. The defendant was disqualified due to demerit points and was a first offender. If the meaning of contumacious in the present context was defined in that way so as to exclude only very few types of cases from its reach, there would be a very different sentencing standard than that expressed by the majority in Cadd. Since Cadd it appears that the sentencing Magistrate’s discretion to consider whether there was good reason to suspend a sentence of imprisonment or to depart from the penalty provided by the legislation was restored by virtue of the previous Criminal Law (Sentencing) Act 1988 (SA) ss 10, 11, 18 and 38 [see current Sentencing Act 2017 (SA) ss 10, 11 and 96]. The defendant was a 23-year-old man who drove his unregistered and uninsured car to obtain parts for it, but only thirteen days after the disqualification imposed. Again however, in my opinion, having regard to the fact that this type of offence is simply one which must be considered in relation to the circumstances of the offence and the circumstances of the offender it would be inappropriate to lay down any further guidelines than that. In Scotland, driving while disqualified is an either way offence which can be tried either summarily or on indictment. On appeal it was held that although this was not a particularly serious example of an offence of its type, it was nevertheless not a case of a minor breach nor one committed by a first offender. Where the driving is found to have been contumacious the court should have regard to the personal circumstances of the offender to consider whether there is good reason to suspend a sentence of imprisonment. The Driving while Disqualified or Suspended review examines the causes and consequences of driving while disqualified or suspended. Driving whilst disqualified is a very serious offence and one that carries up to 6 months in prison as well as a further period of disqualification. If you choose to do so, you will then proceed to sentencing where you could be facing the aforementioned penalties. Therefore there was no proper basis for suspending. 2. So also will that person be more likely to be unable to satisfy the court that good reason exists for the suspension of the sentence. There would appear to be no reason why the court should not consider exercising its discretion under the Sentencing Act 2017 (SA) section 24 to refrain from ordering that a conviction be recorded, if it proposes to order a fine, a sentence of community service, or both [see Bates v SA Police (1997) 70 SASR 66; [1997] SASC 6430); Valentincic v Police [1997] SASC 6477 for examples]. In addition to trivial or emergency situation examples, driving which would be accepted as non-contumacious would normally include those cases where the driver has acted under a mistake of law, such as where the driver was in genuine error as to the operative dates of the disqualification, or the time at which the disqualification came into effect or expired, or was under an honest but not reasonable misapprehension as to the operation of an administrative disqualification by the Registrar of Motor Vehicles. 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