Criminal Law NSW Noticeboard – April 2015
The Criminal Law NSW Noticeboard is your one-stop-shop for criminal law news as it occurs. With rapid updating by District Court Judge, Martin Blackmore, the Noticeboard keeps you apprised of all of the latest legislative and case developments related to the practice of criminal law in NSW. For a more detailed look into these and other criminal law matters, Criminal Law NSW, the authority on criminal law in NSW for almost 100 years, is available for subscription online, in looseleaf or on ProView eSub.
April 2015
Legislation
LEGISLATION
Updated 13 April 2015
Road Transport Amendment (Mandatory Alcohol Interlock Program) Act 2014
Commencement: 1 February 2015Mandatory interlock orders
A court that convicts a person of a mandatory interlock offence (see below), committed on or after 1 February 2015, must make either a mandatory interlock order or an interlock exemption order. The Road Transport Act 2013 was amended by replacing Div 2 of Pt 7.4 (Mandatory alcohol interlock program). Division 2 does not apply to a person convicted of a mandatory interlock offence who has been declared to be a habitual traffic offender: s 208.
Section 211 provides that a mandatory interlock order:
- disqualifies a person convicted of a mandatory interlock offence from holding any licence for a minimum disqualification period or a longer period (not exceeding the maximum disqualification period for that kind of offence) specified by the court; and
- disqualifies a person from holding a licence (other than a learner licence or an interlock driver licence) during the period of 5 years commencing on the day of conviction unless the person has first held an interlock driver licence for the minimum interlock period or a longer period specified by the court.
A “mandatory interlock offence” is defined in s 209(1) to include:
- Section 110(1), (2), (3), (4) – PCA offences other than high range, second or subsequent offence by the offender for any other alcohol-related major offence;
- Section 110(5) – high range PCA offences, for any other alcohol-related major offence;
- Section 112 – driving under the influence of alcohol offence, second or subsequent offence by the offender for any other alcohol-related major offence; and
- Schedule 3 cll 16(1)(b) or 17(1)(a1) – for any other alcohol-related major offence involving driving under the influence of alcohol.
The Table following s 211 outlines the minimum and maximum disqualification periods and minimum interlock periods for each mandatory interlock offence.
Interlock exemption orders
Section 205, which enables a court to make a licence disqualification order for certain major offences, does not apply to a person to whom Div 2 of Pt 7.4 applies: s 212 interlock exemption orders.
A court may only make an order exempting an offender from the operation of s 211 if the offender can satisfy the court that he or she:
- does not have access to a vehicle in which to install an interlock device; or
- has a medical condition preventing the offender from providing a sufficient breath sample to operate the device and it is not reasonably practicable to modify the device.
If an interlock exemption order is made, the offender will automatically be disqualified from holding a driver licence for the relevant period as set out in s 205 and will not be required to participate in an interlock program: s 212(2).
Prescribed dangerous driving offences
The court may impose additional penalty on a person convicted of a prescribed dangerous driving offence (s 52A of the Crimes Act 1900) and disqualified from holding a licence because of that conviction: s 214. Additional disqualification may be imposed by the court unless the person has first held an interlock driver licence for a period specified by the court of not less than 36 months.
Some content sourced from FirstPoint powered by Australian Digest.
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Martin Blackmore SC has been a Judge at the District Court of New South Wales since 2002. In a long and distinguished career, he has appeared in hundreds of criminal trials and appeals as a barrister at the NSW Bar, and previously served as the NSW Deputy Director of Public Prosecutions. He is the co-author of Criminal Law NSW with former District Court Judge Greg Hosking SC.