BROWN (Youth Court)
Prosecution Allegations
Your honour, about 9pm on 10th of May 2012 police on plain clothes patrol in an unmarked police car were travelling south on Main South Road, Hackham behind a white Ford Falcon Sedan. The vehicle was stopped by police for having bald tyres.
Checks were done on the licence of the driver, and it was revealed that they accused was disqualified from driving from 2nd of March 2011 until 1st of September 2012, due to loss of demerit points. The accused was reported for driving disqualified.
He was interviewed with his father present and admitted to police he was aware of the disqualification and had received a letter from the motor registration. He stated that the reason he was driving was to get away from people who were arguing at a house he had just come from.
At the time of the offence, the defendant was 17 years of age and an apprentice carpenter.
The defendant has no prior convictions.
He was given an instant loss of licence for 6 months. The vehicle was impounded and police are seeking $903.60.
These are the facts your Honour.
Due to the accused’s knowledge that he was disqualified, and his disregard for the law in driving disqualified, we ask the court to consider a period of imprisonment for the accused as provided for in section 91 of the Motor Vehicles Act.
Defence Submissions
Your honour, this is my client’s first appearance before the court. My client admits the facts as outlined by my friend. His father is seated in the court.
He instructs me as my friend has stated, he was aware of the disqualification from driving. Mr Brown does not own a car or have access to one. At the time of this offence, he was at his father’s house where he lives, as his mother and father are separated.
His mother came to the house and began to yell and scream at his father about an earlier incident. Mr Brown was greatly upset and joined in the argument. His father suggested that it would be better if he was just left, and gave him his car keys. My client instructs me that he was so upset that he didn’t think and began to drive away from his father’s house.
He had been driving less than one minute when police pulled him over to speak to him about the bald tyres. He realised at this time that he was not allowed to be driving, and cooperated with police who checked his licence and charged him with driving disqualified.
My client admits that he should not have been driving. He is an apprentice carpenter at Carpentry ‘R’ Us and is progressing well there. We have a letter from his employer about his good character and effort at work that I would like to submit.
In relation to my friend’s request for a period of imprisonment, we strongly submit that this is not appropriate for this matter. It is my client’s first time before the court, and while he had knowledge of his disqualification, he did not commit this offence wilfully and in disregard of the court. The offence was committed under a period of extreme stress and little family support.
I also submit that, according to the Young Offenders Act 1993, section 23(4) – ‘a sentence of detention must not be imposed for an offence unless the Court is satisfied that, because of the gravity or circumstances of the offence, or because the offence is part of a pattern of repeated offending, a sentence of a non-custodial nature would be inadequate’.
I submit that a non-custodial sentence is adequate in this matter. He is not a repeat offender, and whilst not denying that my client broke the law, it is not the most serious of offences. He is a young man with an apprenticeship, living at home with his father. We submit that a period of further disqualification from driving, and perhaps the promise of good behaviour would be an appropriate penalty.
/ COMPLAINTMagistrates Court of South Australia
Summary Procedure Act, 1921
Sections 49 / Court Use
date filed
Complainant
Name: THE UNDERSIGNED MEMBER OF THE POLICE FORCE
Address:ADELAIDE CRIMINAL JUSTICE SECTION
Defendant
Name: BROWN, Phillip DOB30/5/1995
Address:30 AUDREY CRESCENT, HACKHAM SA
Offence details
THE COMPLAINT of the undersigned, A MEMBER OF THE POLICE FORCE OF CHRISTIES BEACH who on this 15th of JUNE 2012 states that Philip BROWN (defendant) of 30 AUDREY CRESCENT, HACKHAM SA
(DOB 30/5/1995)
On the 10th day of May 2012 at HACKHAM, in the said State, drove a motor vehicle on A ROAD namely MAIN SOUTH ROAD, while he was disqualified from holding or obtaining a licence.
Section 91 of the Motor Vehicles Act, 1959
This is a summary offence.
On the date of the alleged offence, the youth was aged 17 years
Other orders sought (forfeiture, compensation, additional penalty, destruction or the like – Rule 15.03)
......
DateComplainant Witness
(Registrar, Deputy Registrar or Justice of the Peace)
(Not required if Complainant is a Public Authority)
Motor Vehicles Act1959
Part 3—Drivers' licences
91—Effect of suspension and disqualification
(1) This section and section93 apply to suspensions and disqualifications imposed under this or any other Act.
(2) While a licence or learner's permit is suspended it has no force or effect.
(3) Subject to section81B(4), while a person is disqualified from holding and obtaining a licence or learner's permit, any licence or learner's permit held or obtained by that person has no force or effect.
(4) The Registrar must not issue a licence or learner's permit to any person who is so disqualified.
(5) A person must not drive a motor vehicle on a road while his or her licence or learner's permit is suspended or while disqualified in this State or another State or Territory of the Commonwealth from holding or obtaining a licence or learner's permit.
Maximum penalty:
For a first offence—imprisonment for 6 months.
For a subsequent offence—imprisonment for 2 years.
(6) Subsection(5) does not apply to a person driving a motor vehicle on a road in accordance with an unconditional licence to which the disqualification does not apply in accordance with section81B(4).