King v The Queen [2011] VSCA 69 is an appeal of conviction and sentence for culpable driving. The conviction was upheld but the sentence was moderated to take into account strong mitigating factors.The appeal on conviction questioned the appropriateness of certain jury directions. The Court examined them in light of the previous decisions of R …
Continue reading King v The Queen [2011] VSCA 69: expert evidence about drugs
Below is a table showing the minimum suspension periods for speeding, as provided in Schedule 5 of the Road Safety Act 1986,MINIMUM SUSPENSION PERIODSSpeed Minimum period Exceed speed limit by 25 kilometres per hour or more, but less than 35 kilometres per hour. 1 month Exceed speed limit by 35 kilometres per hour or more, …
Edit: Extreme care needs to be taken when reading this post as it was written (and apart this bit, it has not been modified) before the introduction of the Road Safety Amendment (Hoon Driving and Other Matters) Bill 2011. To see how we think the new legislation might operate see this more recent post, but …
Continue reading Legislation Watch: Road Safety Amendment (Hoon Driving) Act 2010
Further Edit: The Regulations which amend the Road Safety (Driver) Regs to make this trial scheme operate are now in effect. You can see them here. The terminology repeat speeders seems to be what they are going with.The trial runs from last month until the end of 2011.Edit: On 14 May the Sentencing Advisory Council …
Offences under s 49(1)(f) of the Road Safety Act 1986 are absolute liability offences. The assertion of a claim of honest and reasonable mistake has no effect against such a charge: Skase v Holmes (Unreported, Supreme Court of Victoria, 11 October 1995, Vincent J). In that case, Vincent J aligned drink-driving with the offences of …
Continue reading Drinking & driving – no honest and reasonable mistake