Police v MAS

Key Words: Drive with low range PCA (first offence), Section 110(3)(a) Road Transport Act 2013 – non-conviction order conditional on good behaviour bond, Section 10(1)(b) Crimes (Sentencing Procedure) Act 1999

Facts:

MAS was driving along a dark road in heavy traffic when he failed to brake properly and collided with the back of a vehicle. The collision caused the car in front to hit the back of the car in front of it. Nobody was seriously injured. When police breathalysed MAS they found a low reading of alcohol. MAS cooperated fully with police, and was at all times fully aware of the seriousness of the incident. He instructed the defence to plead guilty.

Outcome:

During the sentencing hearing, the defence submitted that MAS had expressed significant remorse for the incident and had entered his plea of guilty at the earliest opportunity. The defence also submitted that MAS was voluntarily and successfully undertaking a Traffic Offender Intervention Program. On the strength of these submissions MAS was given a non-conviction order, contingent on completion of a two-year good behaviour bond.