DRIVING RECKLESSLY / FURIOUSLY

What will the court consider?

Reckless driving can result in serious injuries such as grievous bodily harm, or in some cases, death and can seriously impair not only your life but the lives of the wider community. This is one of the most important considerations for the court when determining your case. The court has to consider three important things:

1. Punishment for the offence;
2. Consideration of all the facts and circumstances; and
3. Community deterrence.

Community deterrence is The court will consider how best to punish your offence while keeping two key things in mind. They need to ensure that you suffer consequences for your actions (to the point where you are deterred from behaving in the same manner again) and they must consider what kind of punishment is fair in the circumstances. People’s physical and mental health is taken into account as well as any familial obligations they hold such as being a single parent or caring for the elderly. An incredibly important factor for the court to consider is whether this is your first offence or whether this is a subsequent offence. In the event it is your first offence, leniency can be given due to a history of good behaviour and character. When considering punishment for your offence, each individual fact and circumstance of your offence must be taken into account. If we consider the hypothetical scenario discussed above, you will see that Bill had other circumstances which led to his state of mind when he decided to get behind the wheel and drive in a manner which was both reckless and dangerous. He had been drinking, he had been fighting with his wife and his emotions were running high and he had engaged in a physical fight which put him at unfavourable odds. It was only after all of those events that he engaged in dangerous driving leading to a police pursuit. Lastly, community deterrence will be factored into the sentencing process. The court needs to ensure that the community is deterred from acting in the same manner you have which, unfortunately, is demonstrated by the level or lack of punishment received for the offence. If a dangerous driving offence was consistently resulting in a suspended sentence with community service requirements, then it is likely more people would engage in the behaviour because they would not fear the consequences to the same degree as a term of imprisonment.

What will the court consider?

Reckless driving can result in serious injuries such as grievous bodily harm, or in some cases, death and can seriously impair not only your life but the lives of the wider community. This is one of the most important considerations for the court when determining your case. The court has to consider three important things:

1. Punishment for the offence;
2. Consideration of all the facts and circumstances; and
3. Community deterrence.

Community deterrence is The court will consider how best to punish your offence while keeping two key things in mind. They need to ensure that you suffer consequences for your actions (to the point where you are deterred from behaving in the same manner again) and they must consider what kind of punishment is fair in the circumstances. People’s physical and mental health is taken into account as well as any familial obligations they hold such as being a single parent or caring for the elderly. An incredibly important factor for the court to consider is whether this is your first offence or whether this is a subsequent offence. In the event it is your first offence, leniency can be given due to a history of good behaviour and character. When considering punishment for your offence, each individual fact and circumstance of your offence must be taken into account. If we consider the hypothetical scenario discussed above, you will see that Bill had other circumstances which led to his state of mind when he decided to get behind the wheel and drive in a manner which was both reckless and dangerous. He had been drinking, he had been fighting with his wife and his emotions were running high and he had engaged in a physical fight which put him at unfavourable odds. It was only after all of those events that he engaged in dangerous driving leading to a police pursuit. Lastly, community deterrence will be factored into the sentencing process. The court needs to ensure that the community is deterred from acting in the same manner you have which, unfortunately, is demonstrated by the level or lack of punishment received for the offence. If a dangerous driving offence was consistently resulting in a suspended sentence with community service requirements, then it is likely more people would engage in the behaviour because they would not fear the consequences to the same degree as a term of imprisonment.

What punishments might I receive?

Traffic offences can result in a range of possible punishments and are not restricted to just one form. In many instances, an individual may receive a fine along with a period of disqualification or even a term of imprisonment and a subsequent period of disqualification afterwards. The following is a brief list of the punishments/consequences you may be facing with the maximum penalty being a term of imprisonment:

1. Period of licence disqualification;
2. Monetary Fine;
3. Conviction or non-conviction;
4. Suspended sentence;
5. Community Service order (more relevant to negligent or reckless driving cases)
6. Term of Imprisonment; etc.