Sentencing Drink-Driving Offfenders in the NSW Local Court

• NCJ Number: 201311
• Author(s): Celal Bayari
• Date Published: March 2003
• Length: 16 pages
• Corporate Author: Judicial Cmssn of New South Wales
• Sale Source: Judicial Cmssn of New South Wales
• Publication Format: Document
• Publication Type: Report (Study/Research)
• Language: English
• Country: Australia

Annotation

This document discusses a study on sentencing drink-driving offenders in New South Wales (NSW).

Abstract

Drink-driving offenses are among the most common offenses dealt with by the Local Courts in NSW. This study analyzed the first instance prescribed concentration of alcohol (PCA) matters finalized in the Local Courts of NSW over a 2 year period. There are four categories of PCA offenses: (1) special-range PCA, (2) low-range PCA, (3) mid-range PCA, and (4) high-range PCA. The data relates to PCA offenses committed pursuant to the Road Transport (Safety and Traffic) Act 1999 and finalized between April 3, 2000 and April 2, 2002. Results show that the median fines and disqualification periods handed down for the three ranges of PCA offenses for this period were: low-range PCA ($400 fine and 3 months driving disqualification); mid-range PCA ($600 fine and 6 months driving disqualification); and high-range PCA ($1,000 fine and 15 months driving disqualification). Prior record, age, gender, and legal representation all contributed to the variations between and within the local court sentences for PCA offenses. Females tended to receive lower penalties than males. Older offenders tended to receive lower fines and shorter license disqualification periods. Offenders with prior convictions tended to receive heavier fines and longer license disqualification periods. Offenders with legal representation received lower fines and shorter license disqualification terms. There have been substantial changes in the composition of the penalties imposed, including custodial sentences. For low-range PCA, the percentage of offenders that received a fine declined but the percentage that received a good behavior bond increased. For mid-range PCA, the percentage of offenders that received a fine declined but the percentage receiving a good behavior increased, the percentage of those that received a dismissal also increased slightly. For high-range PCA, the percentage of offenders that received a fine decreased but the percentage receiving either a good behavior or other bond increased. The percentage of custodial sentences imposed increased slightly for both mid-range PCA and high-range PCA offenses. 3 tables, 15 figures, appendix