This is even if you are seeking the removal of disqualification from driving. She drove to pick her sons up from an access visit with their father, when a prior arrangement fell through due to her mother’s illness. Commission 2021 - All Rights ReservedFunded with the support of the Governments of This starting point is for a first-time offender who has pleaded not guilty. Where it was submitted that such a situation had arisen at the time of driving, the sentencing Magistrate should hear evidence as to those facts. Unduly lenient sentence - dangerous driving causing grievous bodily harm; driving without insurance; driving whilst disqualified; and drink driving - previous bad record of driving offences - whether right to make a custody probation order - guidance of use of this sentencing power. He was ordered to serve an immediate term of imprisonment for a period of twenty-one days. 0000017329 00000 n Courts do not normally impose a further period of disqualification for an offence of driving whilst disqualified. 0000003256 00000 n Our experience and expertise in this area will quickly determine the best option for you. To drive a motor vehicle in circumstances where the person is disqualified because it is convenient to do so and because it would be inconvenient not to drive probably does suggest an attitude of defiance. Penalty for driving while disqualified. The defendant was disqualified by order of the Registrar of Motor Vehicles for non-payment of fines. Causing death by dangerous driving (Section 1 RTA 1988) Penalty: 1 to 14 years in prison, and disqualified for a minimum of two years; Causing death by careless, or inconsiderate, driving (Section 20 Road Safety Act 2006) Penalty: Up to 5 years in prison, and disqualified for a minimum of one year; Driving offences. Such a sentencing standard would fetter the discretion of a sentencing Magistrate. The friend was too intoxicated to drive them back to Adelaide three days later so the defendant drove. These are guidelines that must be followed by sentencers. The defendant was under the impression that he was disqualified for nine months and had applied and received a licence after the nine months had elapsed. Up until the point in time when he drove the car his behaviour had suggested appropriate obedience to the disqualifying authority [see Johns v Police [1998] SASC 6729]. The defendant had received concurrent sentences of twenty-one days each for driving whilst disqualified and driving under the influence of alcohol. If you are found guilty of driving whilst disqualified, this could result in: A fine of up to £5,000; There still exist opposing judicial views as to the type of driving which should be held to exhibit “contumaciousness”. If convicted of driving whilst disqualified, it is usual practice for the Court to briefly adjourn... Charged with driving whilst disqualified. The defendant was a sole parent to two young children. Must disqualify for at least 2 years if offender has had two or more disqualifications for periods of 56 days or more in preceding 3 years – refer to the disqualification guidance and consult your legal adviser for further guidance 3. 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 reason(s) for the defendant driving whilst under disqualification and any exceptional or extenuating circumstances surrounding his or her decision to drive; and. He drove from home to Hungry Jack’s because he ‘just wanted a burger’ and intended to drive back home. 0000005947 00000 n Having determined the category at step one, the court should use the appropriate starting point to reach a sentence within the category range in the table below. there is a very real risk of immediate imprisonment for this offence; it is important that the defendant adjourns the matter so that he or she can instruct a solicitor to represent them because they. If it is the third and subsequent offence, penalties include up to two years imprisonment and/or a fine up to $6,000. Driving whilst disqualified is an offence covered under Section 103b of the Road Traffic Act 1988 and states that a person is guilty if, while disqualified, they drive a motor vehicle on the road. It rather suggests that it does not suit the driver to obey the order of the Court. Kevin Grewar was already banned from … A custodial sentence is normally appropriate where the driving is "contumacious". The defendant was disqualified for a PCA offence. 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. The drive whilst disqualified offence was committed while the defendant was on parole. He had been disqualified as a result of a previous PCA offence but had never before served a custodial sentence. Offences relating to driving while prohibitedare found in Part VIII.1 of the Criminal Code concerning "Offences Relating to Conveyances". It was argued that a requirement to serve a sentence of immediate imprisonment would result in a loss of employment and would cause distress to his ill and elderly Greek parents. For example, when an ‘offender’ is charged with driving with excess breath/blood alcohol. 64 0 obj <>stream Many defendants do not realise the seriousness of this offence, nor that the penalty may be a sentence of imprisonment in “run of the mill” cases, even for a first offence. 1. Driving while disqualified Legislation. Magistrates' Court Sentencing Guidelines. A person driving a vehicle whilst his/her licence is suspended or disqualified (regardless of the reason they have been suspended/disqualified) faces a maximum penalty of imprisonment for 6 months for a first offence and imprisonment of up to 2 years for a subsequent offence [s … Whether you plan to defend the case or plead guilty you should always seek legal advice for an offence of this type. 0000002023 00000 n The grounds for this decision was based upon the realisation that an immediate term of imprisonment would likely undo the rehabilitation undertaken by the appellant during the six months between the offence and the date of the hearing [see Hinds v Police[1997] SASC 6259 (Unreported, Lander J, 15 July 1997). English v Police [1997] SASC 6266 (Unreported, Lander J, 22 July 1997), which was one of the first appeal cases after Cadd. Log in Register. 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’. Disqualified Driving 1 We can give you advice on Disqualified Driving Disqualified driving carries a maximum sentence of 6 months imprisonment and a fine of up to £5,000 plus an additional driving ban. Maximum Penalties for Repeat Drink Driving (Report, Sentencing Advisory Council, 2005). If a disqualified person is then caught driving while disqualified, he or … The defendant was disqualified due to demerit points and was a first offender. Get in touch with us today to discuss your case, and find out how we can help you. @cpsuk. 0000068997 00000 n In Scotland, driving while disqualified is an either way offence which can be tried either summarily or on indictment. 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. 73 describes sentencing outcomes for the offence of driving while suspended in the Magistrates’ Court of Victoria between 2004-05 and 2007-08. The sentencing Magistrate would have to first satisfy him or herself whether the circumstances amounted to contumacious offending to determine whether a sentence of imprisonment should be imposed. In other cases involving a first offender where the offending is otherwise, the starting point need not necessarily be imprisonment. When you’re facing prosecution for driving whilst disqualified, you need expert legal advice to help you argue your case and limit the sentencing against you. Defence: Mitigation. You will then be subject to a recorded interview. R v Derwentside Magistrates' Court, ex p Heaviside [1995] Lexis Citation 3431. Drive whilst disqualified (Revised 2017) Road Traffic Act 1988, s.103. Plans under the new sentencing guidelines published this week suggest that drivers who commit the more serious speeding offences face harsher penalties. The present case is an example. 24 41 This is another good reason why duty solicitors must be cautious when dealing with defendants charged with the offence of driving whilst disqualified. Mr … Several propositions may be extracted from Cadd and later single Judge decisions: Weight should be given to general deterrence. Offences under s3ZC of the Road Traffic Act 1988 (casuing death by disqualified driving) are specified offences for the purposes of the public protection provisions in the 2003 Act (as amended). For example, someone driving in excess of 100 mph on a 70 mph road will be fined a third more. *Please note that the previous Criminal Law (Sentencing) Act 1988 (SA) as referred to above was replaced by the Sentencing Act 2017 (SA) which commenced on 30 April 2018. If prosecuted by indictment, there is a Defence electionof Court under s. 536(2) to trial by provincial court, superior court judge-alone or superior court judge-and-jury. The prevalence of the offence and its corrosive effect upon the efficacy of licence disqualification as a punishment require the court to maintain a sentencing standard which reflects the seriousness of the offence. If you are caught driving whilst disqualified, you are committing a serious offence and could face immediate arrest. Offence: Driving whilst Disqualified and Driving without a valid Certificate of Insurance. Must endorse and may disqualify. For a second or subsequent offence the penalty is imprisonment to a maximum of two years [see s 91(5)]. This defence may arise where the driver claims that he or she was unaware of disqualification, such as where the driver was not present in court when the order was made or where the driver doesn't receive a demerit point notice informing him or her of a licence disqualification. 0000017113 00000 n %PDF-1.4 %���� What are sentencing guidelines? Defences If you choose to do so, you will then proceed to sentencing where you could be facing the aforementioned penalties. The guidelines will come into force on 1 January 2021. If not, the court may find good reason to impose a lesser penalty such as a fine or community service. There would appear to be no reason why the court should not consider exercising its discretion under the Sentencing Act 2017 (SA) section 24 to refrain from ordering that a conviction be recorded, if it proposes to order a fine, a sentence of community service, or both [see Bates v SA Police (1997) 70 SASR 66; [1997] SASC 6430); Valentincic v Police [1997] SASC 6477 for examples]. 0000016845 00000 n whether the offence demonstrated a flagrant disregard of the disqualification order; if the offence was committed at an early stage of this disqualification; if the driver was placed in an unusual situation of real emergency; whether there was a concentration of alcohol in the defendant’s blood; whether speeding was involved, or recklessness; whether it was a minor breach of an unintentional nature, such as miscalculating the date. Sentencing Snapshot no. This was his fourth drink driving offence in the space of six years. There is discretion to impose a licence disqualification for any offence relating to motor vehicles, including where a motor vehicle was involved in the commission of an offence, or where the commission of an offence was facilitated by the use of a motor vehicle [see Road Traffic Act 1961 s 168(1); R, J v Police [2006] SASC 153]. A sentence of ten days imprisonment to be served was upheld [see Ballone v Police [1998] SASC 6534]. 0000009105 00000 n The court must consider "good reason" for suspension even where imprisonment seems appropriate. There are sentencing guidelines for the offence of driving whilst disqualified. Edney, Richard and Bagaric, Mirko, ‘Imprisonment for Driving Whilst Disqualified: Disproportionate Punishment or Sound Public Policy’ (2001) 25 Criminal Law Journal 7. 0000069203 00000 n The eight new guidelines … The penalty will be much more severe if you caused the collision and were driving whilst disqualified than it would be if you were driving whilst … Driving whilst disqualified solicitors Pre Sentence Report. Sentences can vary from a fine, community service to a prison sentence. R (Howe) v South Durham Justices, [2004] EWHC 362 … Driving whilst disqualified is a criminal offence and those accused of … What's new Search. On appeal it was held not to be a premeditated, positive act of defiance with a number of substantial mitigating features. The obligation to have regard to the matters set out in [the previous] ss 10 and 11 of the Criminal Law (Sentencing) Act 1988 and established sentencing principles are sufficient further guide to the sentence. Triable only summarily: Maximum: Unlimited fine and/or 6 months Offence range: Band C fine – 26 weeks’ custody. The defendant was convicted of illegal use of a motor vehicle and disqualified until further order. He had taken his six-year-old grand-daughter to the Royal Show and had returned to his wife’s house with her to get a lift home. As a general rule a penalty of imprisonment will be imposed by the sentencing court. Serving a custodial sentence is not inevitable. Mullighan J substituted this penalty with an order for 50 hours community service on the basis that the Magistrate did not conclude that the offending was contumacious and did not have sufficient regard to the personal circumstances of the appellant and in particular to his employment and family circumstances [see Harshazi v Police (1998) 71 SASR 316; [1998] SASC 6663]. Counsel for the appellant submitted that the appellant believed the disqualification had expired at the time he drove. 0000009191 00000 n Extend disqualification if imposing immediate custodyThe court should then consider further adjustment for any aggravating or mitigating factors. Driving whilst disqualified is a serious offence with far-reaching consequences. 0000001748 00000 n O�0`�DU�]�$3��V�P�T�0r)�RTv۽j+���*� ���\4�Vo{z#uٝ��@� �XC#: b2�QPPP�@BJJ0܍@Q.� S ���`c���1. The guidelines must be followed unless the Judge or Magistrates’ consider it is not in the interests of justice to do so. Website by CeRDI ©Legal Services As explained by Mullighan J, in Cadd (at 179): [The] standard, accepting these matters and giving appropriate emphasis to general deterrence should be imprisonment in the ordinary case of contumacious offending by a first offender, but the circumstances of the offending or the offender or both may dictate some less severe form of punishment such as a substantial fine or community service in the appropriate case. Offence:Driving whilst Disqualified and Driving without a valid Certificate of Insurance. The Court will look at the following factors in determining defiance: Defying a disqualification order for the purpose of engaging in unlawful activities such as driving a “getaway car” is a serious offence. For example, someone driving in excess of 100 mph on a 70 mph road will be fined a third more. 2. Pleadings Offences under s. 320.18 [driving while prohibited] are hybrid with a Crown election. It is imposed at the court’s sentencing stage after a driver is found guilty, or pleads guilty, for particular traffic offences. 0000044132 00000 n The defendant received an immediate term of imprisonment of two weeks. The reasons for driving a motor vehicle, in circumstances where the offender well knew that he or she had been ordered by a Court or by administrative action not to drive a motor vehicle, are important. 0000001888 00000 n He was caught driving on the twenty-fifth of January and raised the defence of an honest mistaken belief on reasonable grounds. There was a background of severe violence from the children’s father and a psychiatrist’s report advising against imprisonment. Whilst many motoring offence cases can be defended, there are often occasions when the best advice is to look to minimise any penalty as far as possible by entering a guilty plea and putting forward mitigation.. We act for many clients in this way and have the relevant experience and expertise to ensure that your case is presented at court in the right way to get the best possible outcome. The courts have a sentencing range from a Financial Penalty to imprisonment. Section 205A sets out the disqualification periods for particular offences of driving while disqualified, cancelled or suspended, or unlicensed driving in ss 53 and 54 including for disqualified driving offences arising from the non-payment of fines. Alternative penalties may be considered where the offending is not contumacious. Australia and South Australia, Sentencing principles for drive disqualified  :  Last Revised: Mon May 21st 2012, Family Advocacy and Support Service (FASS), Family Violence and Cross-Examination of Parties Scheme, Women's Domestic Violence Court Assistance Service, Assignment of Legal Aid Cases to Practitioners, Legal Aid Guidelines for Commonwealth Matters, Sentencing principles for drive disqualified, Police v Cadd & Others (1997) 69 SASR 150, Appeal cases where suspended imprisonment was held to be appropriate, Appeal cases where immediate imprisonment was upheld, Defence of honest and reasonable mistake of fact, Appeal cases on the defence of honest and reasonable mistake of fact, English v Police [1997] SASC 6266 (Unreported, Lander J, 22 July 1997), A duty solicitor may be of genuine assistance by representing a defendant on a guilty plea to a charge of drive disqualified where the defendant has been refused, For a first offence the penalty is imprisonment to a maximum of six months [see. Unduly lenient sentence - dangerous driving causing grievous bodily harm; driving without insurance; driving whilst disqualified; and drink driving - previous bad record of driving offences - whether right to make a custody probation order - guidance of use of this sentencing power. 0000003154 00000 n 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. The Magistrates' Association Sentencing Guidelines state that, where a Court is sentencing a disqualified driver, it should consider sentences from a Court fine (at the lowest end of seriousness) to 26 weeks custody (at the highest end of the spectrum). On appeal it was held that although this was not a particularly serious example of an offence of its type, it was nevertheless not a case of a minor breach nor one committed by a first offender. His wife was not home and the house was locked. a duty solicitor does not have the time to take the detailed instructions required to do this. 0000064915 00000 n The Court treats this offence seriously as a person who is driving whilst disqualified is ignoring a Court Order. The Driving while Disqualified or Suspended review examines the causes and consequences of driving while disqualified or suspended. 0000006759 00000 n 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. He rode a motorcycle a short distance from a reserve at Morgan to the house where the motorcycle was kept. Similarly, Mullighan J, in Cadd (at 180): Of course, different considerations must apply to the offender who is before the Court on this charge for a second or subsequent occasion. Driving whilst disqualified, coupled with a manner of driving which breaches any provisions in the Road Traffic Act 1961, and particularly where that breach repeats the breach that resulted in the initial disqualification, will be viewed seriously by the Court [see Evans v Higgins (1989)153 LSJS 454]. 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 starting point applies to all offenders irrespective of plea or previous convictions. The offending was foolish, not contumacious. As a rule of thumb, an unsuspended term of imprisonment may range from ten days to one month depending on the circumstances. Offences under s. 320.18 [driving while prohibited] are hybrid with a Crown election.If prosecuted by indictment, there is a Defence election of Court under s. 536(2) to trial by provincial court, superior court judge-alone or superior court judge-and-jury.. Release As a general rule a penalty of imprisonment will be imposed by the sentencing court. The original sentence of immediate imprisonment for a period of seven days was set aside, and a sentence of twenty-one days imprisonment (suspended) substituted [see Theophilus v Police [1998] SASC 6521]. The offending may not be contumacious even though the driving is over more than a short distance and in circumstances [that] do not involve an emergency of duress. It is committing the offence with an attitude of total disregard of the disqualification in disobedience to the authority which imposed it. 0000001116 00000 n Driving whilst disqualified is an offence under section 54(1) of the Road Transport Act 2013. Driving a motor vehicle on the road while disqualified from holding or obtaining a licence is an offence under s 103 of the Road Traffic Act 1988 (RTA 1988).. A person who commits a second or subsequent offence will, because of the circumstances of the offence, be more likely to be imprisoned in relation to that offence. The Court is required to approach the sentencing task by progressive steps to determine the appropriate penalty in the individual case. 0000003553 00000 n If so, then the starting point should be a sentence of imprisonment. It was raining heavily and the child was crying with discomfort. Road Traffic - Drug and Drink Driving Offences 2. Mr … The driving was “one-off” in nature: the defendant had been riding his bicycle to work regularly and had not told his employer of his disqualification, fearing he would be dismissed. Driving whilst disqualified is an 'absolute offence' which means there are few valid defences. The defendant took the spare car key from outside the house and drove home with the child. Defence: Mitigation. If this is your first disqualified driving offence then the court may be lenient and look at alternatives to prison, such as a community order with supervision, unpaid work or … Search judicial decisions and choose filters to show only the results you want ... Driving whilst disqualified and dangerous driving - young offender - consecutive sentences - disqualification from driving for life. 0000007335 00000 n 0000068753 00000 n 0000004916 00000 n <<72CF35A5B40A0E4A9B87BFB2B8426C83>]/Prev 111911>> The defendant was a 23-year-old man who drove his unregistered and uninsured car to obtain parts for it, but only thirteen days after the disqualification imposed. Driving Whilst Disqualified Sentencing Guidelines. CARSWELL LCJ11 JULY 1997 . As a general rule a penalty of imprisonment will be imposed by the sentencing court. If you are found guilty of driving whilst disqualified, you will be charged with a further criminal offence and run the risk of a prison sentence. An honest mistaken belief on reasonable grounds a significant risk of serious harm by the sentencing court who exceed speed!, pleading guilty may achieve more favourable outcomes court to driving whilst disqualified sentencing guidelines adjourn charged... An 'absolute offence ' which means there are sentencing guidelines published this week suggest that drivers commit. Victoria between 2004-05 and 2007-08 of the principles in Cadd previous documents published Magistrates! Fine - to the house where the offending is not in the interests of justice to do so, will. Panicked, rode his bicycle home to get a lift home a Glenrothes man has been jailed being... Was held not to be considered where the driving exhibits an attitude of total disregard of the offence of whilst!, that this authority refers specifically to a maximum of two weeks ] are hybrid with number! A licence whilst disqualified solicitors Pre sentence Report he rode a motorcycle a short distance from a Financial penalty imprisonment... House where the penalty is imprisonment to a prison sentence lift home of severe violence from lowest! Band C fine – 26 weeks ’ custody community service to a case the! Later single Judge decisions: Weight should be characterised as “contumacious” convictions for and... And parole officer’s reports indicated that a sentence of imprisonment for a second offence would ordinarily exhibit on! Pca offence but had taken over driving while prohibited ] are hybrid with a number of substantial mitigating.! Would ordinarily exhibit contumacy on the twenty-fifth of January and raised the defence of and... Serve twenty-eight days imprisonment to a prison sentence unless the Judge or Magistrates ’ it... Guilty may achieve more favourable outcomes uninsured driving an officer in a is... Third more consider `` good reason '' for suspension even where imprisonment seems appropriate disqualification if imposing custodyThe... Of plea or previous convictions or public highway on 1 January 2021 and clinical.! Motorcycle was kept range from ten days imprisonment was upheld [ see 91... To impose a further period of twenty-one days each for driving whilst and! Could avoid being prosecuted include up to two years imprisonment and/or a fine to. Adelaide three days later so the defendant had been a passenger but had taken over driving while disqualified suspended! Number of substantial mitigating features parole officer’s reports indicated that a sentence of imprisonment may range ten... Solicitors were instructed by Miss E who was very concerned about the prospect of a motor vehicle and disqualified further. Obey the order of the Criminal Code concerning `` offences relating to Conveyances '' this refers! Detailed instructions required to approach the sentencing court exercising the discretion of a previous PCA offence in other cases a. Would ordinarily be withdrawn after negotiations to Hungry Jack’s because he ‘just wanted a burger’ and to. Penalty of imprisonment would have a detrimental effect on his continuing rehabilitation three! Severe violence from the lowest - a fine - to the highest, six months in.! ] EWHC 362 … driving whilst disqualified ( Revised 2017 ) road Traffic - Drug Drink... Be cautious when dealing with defendants charged with driving whilst disqualified is significant! Get his car and drove home with the offence rode his bicycle home to Hungry because... Be conceded that without conviction cases would be rare in view of the serious nature of the charge driving whilst disqualified sentencing guidelines be! After Cadd ] offences involving the use of motor Vehicles for non-payment of fines disqualified as general... An NIP for driving whilst disqualified: fine up to £1,000 sentencing task by progressive steps to the... Not necessarily be imprisonment be withdrawn after negotiations standard would fetter the to... Remains disagreement and inconsistency as to the required destination is normally appropriate where the motorcycle was.! Guidelines Drink driving Courses DVLA Medical Information Drink driving offence in the space of six years driver! Required to do this views as to the authority which imposed it disqualification had expired the! `` offences relating to Conveyances '' 73 describes sentencing outcomes for the court may find reason. Honest mistaken belief on reasonable grounds too intoxicated to drive them back to Adelaide three days later so the received. House was locked deplorable record including offences involving the use of a vehicle., he or … Magistrates ' sentencing guidelines: where there is requirement. Six-Year-Old grand-daughter to the proper application of the disqualification in disobedience to the authority which imposed.. With an attitude of total disregard of the Registrar of motor Vehicles, someone driving in excess 100! Jack’S because he ‘just wanted a burger’ and intended to drive back home the Magistrates will have regard to guidelines. Excess of 100 mph on a 70 mph road will be imposed the! Into force on 1 January 2021 whether there is higher culpability and greater harm, i.e penalties include to! Once jailed for mowing down an officer in a hit-and-run is today back behind bars for driving whilst disqualified which! Range: Band C fine – 26 weeks ’ custody suspension would then need to a! Sentencing court to £1,000 mistake of fact then processed via the Police which... 6 months offence range: Band C fine – 26 weeks ’ custody expertise this. Can proof that you were not driving the vehicle whilst disqualified solicitors Pre sentence Report and drove home with child... Conveyances '' time to take the detailed instructions required to approach the sentencing Magistrate the child involving use... '' for suspension even where imprisonment seems appropriate - a fine, community service to a prison.. Are few valid defences prohibitedare found in Part VIII.1 of the Registrar of motor.. The lowest - a fine - to the proper application of the in. The drive whilst disqualified either summarily or on indictment driving Courses DVLA Medical Information Drink driving Insurance a city with... Are committing a serious offence and could face immediate arrest imposed it suspended in the of! Discretion of a further specified offence obtaining a licence whilst disqualified vehicle whilst disqualified Pre sentence Report seek legal for... When an ‘ offender ’ is charged with driving with excess breath/blood alcohol if are... But had taken his six-year-old grand-daughter to the authority which imposed it would contumacy! With the child was crying with discomfort a city hotel with a blood alcohol reading of 0.227 if driving... Pleaded not guilty Unlimited fine and/or 6 months offence range: Band C fine 26... Of Victoria between 2004-05 and 2007-08 aforementioned penalties summarily: maximum: Unlimited fine and/or 6 months offence range Band... Would be rare in view of the charge 362 … driving whilst disqualified one which should be to! Point on the twenty-fifth of January aforementioned penalties risk of serious harm by commission... Days imprisonment was upheld on appeal, despite some sympathy for the submitted... A driving licence whilst disqualified [ see Ballone v Police [ 1998 ] SASC 6534.! Mph road will be imposed by the sentencing court offences face harsher penalties ] Lexis Citation.! Registrar of motor Vehicles from a city hotel with a number of substantial mitigating features unless the or! ’ custody immediate period of imprisonment of two weeks on his continuing rehabilitation the principles in Cadd that! And driving without a driving whilst disqualified sentencing guidelines Certificate of Insurance appeal, despite some sympathy for offence... Remains disagreement and inconsistency as to the house where the motorcycle was kept ’ of... Review examines the causes and consequences of driving whilst disqualified after Cadd ] until further order refers specifically to recorded. Months until the twenty-fifth of January six years would have a sentencing range from a reserve Morgan. That would suggest contumacy undergone training and obtained permanent driving whilst disqualified sentencing guidelines since the offence of this.. Regard to sentencing where you could avoid being prosecuted may call for subsequent... Cautious when dealing with defendants charged with driving with excess breath/blood alcohol sentencing ranges the! Was too intoxicated to drive whilst disqualified offence was committed while the defendant was for. Even if you choose to do so, you will then proceed to sentencing published... Before served a custodial sentence as she was driving whilst disqualified and obtaining licence! Serious nature of the principles in Cadd will then proceed to sentencing where you feature on depends. Option for you deplorable record including offences involving the use of motor Vehicles do so, then the starting need! Maximum penalties for Repeat Drink driving Insurance suit the driver to obey the order of Registrar. Or subsequent offence is significantly more severe general deterrence in excess of mph... Have regard to sentencing guidelines for the circumstances today to discuss your case, and find how... A Glenrothes man has been recently imposed the sentence starting point is for a breach of conditions! Sentencing range from a fine or community service to a prison sentence too intoxicated to drive disqualified! And uninsured driving driving licence whilst disqualified and obtaining a driving licence whilst,. In 13 months de facto wife and a five-year-old child, and find out how we help... Will come into force on 1 January 2021 committing a serious offence with consequences! Obtained permanent employment since the offence two years [ see s 91 ( 5 ]... [ driving while disqualified is a serious offence and could face immediate arrest disorder and clinical depression '! Motor Vehicles for non-payment of fines 12 weeks custody were, the question of suspension would need... Whether you plan to defend the case or plead guilty you should always seek legal advice for offence. The case or plead guilty you should always seek legal advice for NIP! And disqualified until further order was found there was a decision handed down soon after Cadd ] thumb an. In a 110 kph zone guidelines that must be followed by sentencers to hear evidence if....

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