WA Magistrates Court - Prosecuted by the Water Corporation

[Waterman]

I'm being prosecuted in the Magistrates court by the Water Corporation for driving through water catchment area under Regulation 35(1) of the Water Services Regulations 2013, made under the Water Services Act 2012. The maximum fine is $2500.

Can anyone tell me how I can find what other people have been fined after being convicted under the above regulation?

Also this is a very minor offence will it be an automatic spent conviction or will I have a criminal conviction if convicted?

Thanks in advance.

 

[Iamthelaw]

They didn't just send you an infringement notice?

If it's going to court and if you are found guilty, there is a possibility it could result in a record. Magistrate has the discretion on whether or not to record a conviction.

 

[Waterman]

They didn't just send you an infringement notice?

If it's going to court and if you are found guilty, there is a possibility it could result in a record. Magistrate has the discretion on whether or not to record a conviction.

No infringement notice. Apparently they can only prosecute in court. It's ridiculous, waste of the courts time.

 

[Nadine2017]

Hey Waterman,

I just got the same court paper work today. I was in the catchment area with friends, as a passenger in a car, unknowingly entering as the signs were not clear and the dust covered them while we followed 2 cars through the track.

This is thoroughly disheartening, as a convicted criminal record will prevent my career choice.
Why is it not sent as an infringement? I will be seeking legal advice. It will probably be more affordable than a $2,500 fine.

 

[Waterman]

Hey Waterman,

I just got the same court paper work today. I was in the catchment area with friends, as a passenger in a car, unknowingly entering as the signs were not clear and the dust covered them while we followed 2 cars through the track.

This is thoroughly disheartening, as a convicted criminal record will prevent my career choice.
Why is it not sent as an infringement? I will be seeking legal advice. It will probably be more affordable than a $2,500 fine.

Hi Nadine,

My hearing was today. I pleaded guilty and was not able to make court personally but sent a letter explaining my mistake. I'm not sure if the letter made any difference. I rang the court this afternoon and was told I was fined $200 plus $280 court costs. The guy said it was an administration matter so I probably won't have a criminal records, but I'm not sure if this is correct. I guess I find out when I receive the paperwork from the court.

 

[Nadine2017]

Hi Waterman,
I'm sure it would have. I too made the mistake because apparently there used to be gate, and so I didn't see any signs (passenger). Fingers crossed it is just an administration matter, especially for the criminal record side. I have contacted their lawyer and seen my own lawyer and have been told an application for spent conviction is the best resolution for this situation. I think this is an abuse of management of infringement as they have recently changed the Water Act 2013 to include infringements. To be criminally convicted from making such an easy mistake is so disproportionate.

 

[Waterman]

Hi Waterman,
I'm sure it would have. I too made the mistake because apparently there used to be gate, and so I didn't see any signs (passenger). Fingers crossed it is just an administration matter, especially for the criminal record side. I have contacted their lawyer and seen my own lawyer and have been told an application for spent conviction is the best resolution for this situation. I think this is an abuse of management of infringement as they have recently changed the Water Act 2013 to include infringements. To be criminally convicted from making such an easy mistake is so disproportionate.

Hi Nadine,

How did you go at the hearing?