COLLINS

PROSECUTION ALLEGATIONS

At about 10.40 a.m. on 19th September 2012, police located the accused riding a bicycle east on Cross Road while not wearing an approved helmet. Police stopped the accused and spoke to him in relation to this matter.

Police asked him if he had anything on him he should not have, and he produced from his right track suit pocket a tin containing a brass pipe, commonly used for the consumption of cannabis.

The accused stated he had no fixed place of abode and was heading to Melbourne that day for an indefinite period.

Police were therefore unable to confirm the accused's identity. He was therefore arrested for failing to wear an approved bicycle helmet and possessing equipment for the administration of cannabis.

The accused and his bicycle were placed in the police vehicle. While police were in the process of getting into the police vehicle the accused spat inside the vehicle and onto water containers belonging to one of the police officers.

The accused agreed he was riding his bike but stated that he did not have a helmet. The accused declined to answer any questions in relation to possession of the brass pipe.

The accused appeared in the Adelaide Magistrates Court in September 2012, a week prior to the offences alleged, charged with disorderly behaviour, offensive language and refuse name and address and was fined without a conviction being recorded.

EDUCATIONAL USE ONLY

/ COMPLAINT
Magistrates Court of South Australia

Summary Procedure Act, 1921
Sections 49 / Court Use
date filed
Complainant
Name:...THE UNDERSIGNED MEMBER OF THE POLICE FORCE
AddressADELAIDE CRIMINAL JUSTICE SECTION
Defendant
Name: COLLINS, Ailsa
Address
Offence details
The Complaint of a Member of the Police Force of Adelaide this 19th day of December 2012 who states that Ailsa Collins on the same day at Cross Roads in Adelaide in the said State:
1. Failed to wear a bicycle helmet
Section 256(1) of the Australian Road Rules
  1. Possessed equipment for the consumption of cannabis
Section 33L(2)(C) of the Controlled Substances Act 1984
These are Summary Offences
Other orders sought (forfeiture, compensation, additional penalty, destruction or the like – Rule 15.03)
......
DateComplainantWitness
(Registrar, Deputy Registrar or Justice of the Peace)
(Not required if Complainant is a Public Authority)

SOUTH AUSTRALIA

Australian Road Rules

256—Bicycle helmets

(1) The rider of a bicycle must wear an approved bicycle helmet securely fitted and fastened on the rider's head, unless the rider is exempt from wearing a bicycle helmet under another law of this jurisdiction.

Note—

Approved bicycle helmet is defined in the dictionary.

Controlled Substances Act 1984

33L—Possession or consumption of controlled drug etc

(2) A person who—

(a) has possession of any cannabis, cannabis resin or cannabis oil; or

(b) smokes or consumes any cannabis, cannabis resin or cannabis oil; or

(c) has possession of any piece of equipment for use in connection with the smoking or consumption of cannabis, cannabis resin or cannabis oil, or the preparation of cannabis, cannabis resin or cannabis oil for smoking or consumption,

is guilty of an offence.

Maximum penalty: $500.