Carl Millar from Messrs Millars Solicitors was instructed by Mr C who, unfortunately, was driving whilst disqualified from driving for a previous offence. The appeal was allowed and the matter remitted back to the summary court for sentencing afresh and to hear evidence if necessary. The effect on dependants is a matter which should be taken into account [see Bates v Police (1997) 70 SASR 66; [1997] SASC 6430]. For example, in Harshazi v Police (1998) 71 SASR 316; [1998] SASC 6663, the sentencing Magistrate did not first conclude that the driving was “contumacious”, describing it instead as “foolish”. This most recent consultation relates primarily to Magistrates' Courts Sentencing Guidelines (MCSG) and covers: driving whilst disqualified, breach of a community order and totality. In other cases involving a first offender where the offending is otherwise, the starting point need not necessarily be imprisonment. And you did so whilst disqualified; If you tend to agree with the charges of driving whilst disqualified, it may be advisable to plead guilty. He made regular arrangements for alternative transport to adjust to the disqualification and had arranged for a friend to drive him and his two sons to Port Pirie for a BMX race meeting. The full range of sentencing ranges from the lowest - a fine - to the highest, six months in prison. If you are caught driving whilst disqualified, you are committing a serious offence and could face immediate arrest. startxref Since the judgments of the former Full Court in Police v Cadd & Others (1997) 69 SASR 150; [1997] SASC 6187 (‘Cadd’), there have been many single Judge decisions on appeal on the subject of the proper approach to sentencing defendants convicted of driving whilst disqualified. Road Traffic - Charging Drink driving is a criminal offence and the penalties for drink driving and related offences in the UK are severe.One of the most important factors that determine the severity of the sentence that magistrates will impose for drink driving offences is the level of alcohol in an offenders system at the time of the offence. As a general rule a penalty of imprisonment will be imposed by the sentencing court. There are sentencing guidelines for the offence of driving whilst disqualified. 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. Plans under the new sentencing guidelines published this week suggest that drivers who commit the more serious speeding offences face harsher penalties. 0000002521 00000 n 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 present case is an example. The defendant made a mistake about the interpretation of the true effect in law of the endorsement on his licence which stated ‘disqualified to 25th January 1988’. any personal circumstances, including the defendant’s family situation and effect of incarceration on any dependants, and any work, character and medical references which may satisfy the court that there is good reason to suspend a sentence of imprisonment even where there is little to submit in mitigation of the driving offence itself. Contrary to the decision in Coombe v Douris, a custodial sentence and the requirement to actually serve that period of imprisonment is no longer to be taken as an almost inevitable consequence of conviction. I use the word “contumacious” in the sense that it is understood in the law: see [Witham v Holloway (1995) 183 CLR 525; [1995] HCA 3] at 542-543. Drink Driving Penalty Calculator Sentencing Guidelines Drink Driving Courses DVLA Medical Information Drink Driving Insurance. On appeal, despite some sympathy for the circumstances, it was found there was no error in not exercising the discretion to suspend. A result of a custodial sentence drivers who commit the more serious speeding offences face harsher penalties defendant was of. Dvla Medical Information Drink driving ( Report, sentencing Advisory Council, 2005 ) the motorcycle was.! The required destination to Hungry Jack’s because he ‘just wanted a burger’ and intended to drive them to... 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