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WA Reckless Driving and Minors

Discussion in 'Traffic Law Forum' started by John59, 16 July 2014.

  1. John59

    John59 Member

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    The following sentence s60 does not appear to take into account a minor aged 17. Does this mandatory sentence still apply for minors under Traffic Law and are there any considerations that a judge may take into account when sentencing that would reduce this mandatory imprisonment?

    Reckless driving WA (s 60)
    If you are convicted of reckless driving while trying to escape pursuit by the police, the court must sentence you to at least 6 months imprisonment.
     
  2. Toqual

    Toqual Well-Known Member

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    Hi @John59 apologies for a late response. In all honesty I am unsure of the WA legislations although through speculation, if the accused is a licensed driver, then they are liable to any charge relevant to driving a car.
     
  3. Sarah J

    Sarah J Well-Known Member

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    Hi John,

    I assume you are referring to Road Traffic Act 1974 (WA) s 60(5)

    (5) A court sentencing a person for an offence against this section committed in the circumstance of aggravation referred to in section 49AB(1)(c) must —
    (a) sentence the person to a term of imprisonment of at least 6 months; and
    (b) not suspend the term of imprisonment; and
    (c) for a first or second offence — order that the offender is disqualified from holding or obtaining a driver’s licence for a period of not less than 2 years; and
    (d) for a third or subsequent offence — order that the offender is permanently disqualified from holding or obtaining a driver’s licence.
    where it is aggravated under s 49AB(1)(c)?

    From the reading of the provisions, s 60(5) includes minors and those who do not currently hold a full driver's licence. This is because the circumstances of the offence (reckless driving) are aggravated by the factors under s 49AB(1) (namely, escaping police). Unfortunately, from my reading of the legislation, it appears that the person charged will be facing a minimum of 6 months imprisonment and withholding of the licence for at least 2 years. The fact that the person charged is a minor may mitigate any further sentencing above this.
     
  4. Strongarms38

    Strongarms38 Well-Known Member

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    I'm faced with a similar issue in the sense that my ex had a motor vehicle accident that saw her car impounded and after the 28 days was written off by the repairer. My ex was driving on a suspended license when this occurred and my 6 year old was in the vehicle.

    Despite these circumstances she has received no penalty greater than actually being forcibly unable to drive for the remaining 3 months of her suspension. It's my understanding that the laws for this type of infringement should incurr a mandatory 2.5 years loss of license and a potential 6 month jail term.

    This is now the 3rd loss of license in 3 years and each time she's continued to operate a motor vehicle and despite 3 years reporting these crimes I've been blown off by all WA road traffic authorities and even had formal complaints which have reached the level of involving the CCC return to me a false and deliberately misleading report which basically buries the truth so the blatant negligence of WA departments is removed from further disciplinary action and the CCC can end the investigation.

    I have the evidence and the paper trail to support my argument. Finding a lawyer willing to take on the CCC and so many negligent WA authorities is proving difficult as it would seem none wish to take on the CCC given the status of this body which has failed in my opinion to provide the service they are paid to perform.
     

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