Arnold - Drive manner dangerous

ARNOLD PROSECUTION ALLEGATIONS Your honour, the defendant was observed by a police officer on motor cycle patrol to be travelling in excess of the speed limit on Victoria Drive, Adelaide, in an easterly direction. The defendant was observed to make a right hand turn at speed into the path of another vehicle also turning into Frome Road. The defendant then made a right hand turn into North Terrace, narrowly missing a pedestrian legally crossing North Terrace, at the intersection of North Terrace and Frome Road. The defendant continued travelling in a westerly direction pursued by the police officer on motor cycle patrol where he turned left into King William Street, again narrowly missing pedestrians. The defendant continued travelling in a southerly direction on King William Street, weaving through the traffic. The police officer stopped and spoke to the defendant in Victoria Square. The police officer had a conversation with the defendant who apologised for his manner of driving and explained that he was upset, having just had a fight with his wife and had left home in an angry state. He was given an instant loss of licence for 6 months. The vehicle was impounded and police are seeking $903.60.

DEFENCE SUBMISSIONS Your honour, the defendant is a 35 year old man who has recently separated from his wife and two young children aged 3 and 5. The defendant is currently unemployed, having been recently retrenched from his job as a Boilermaker at Christies Beach. The defendant moved out of the matrimonial home when he separated from his wife at Christmas 2011, but was continuing to pay the mortgage on the home. Since losing his job in January 2012, he has been unable to make the mortgage repayments, and is expecting the bank to take the family home. He has no other assets. He is currently staying with friends, but will need to seek alternative accommodation in the near future. The defendant’s outlook is bleak from a financial point of view. On the date in question he was driving a motor vehicle that belonged to a friend who was staying with himself and his wife. The defendant has no prior convictions.

2 EDUCATIONAL USE ONLY SOUTH AUSTRALIA

Court Use

COMPLAINT Magistrates Court of South Australia www.courts.sa.gov.au

Summary Procedure Act, 1921 Sections 49

date filed

Complainant Name: THE UNDERSIGNED MEMBER OF THE POLICE FORCE Address: ADELAIDE CRIMINAL JUSTICE SECTION Defendant Name: ARNOLD, Andrew

DOB

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Address: Offence details 1. The Complaint of a Member of the Police Force of Adelaide this 23rd day of July 2012 who states that Andrew Arnold drove a motor vehicle in Adelaide in a manner dangerous to other road users and pedestrians. Section 46 of the Road Traffic Act, 1961.

Other orders sought (forfeiture, compensation, additional penalty, destruction or the like – Rule 15.03)

.............................. Date

.......................................... Complainant

.......................................... Witness (Registrar, Deputy Registrar or Justice of the Peace) (Not required if Complainant is a Public Authority)

3 ROAD TRAFFIC ACT 1961 - SECT 46 46—Reckless and dangerous driving (1)

A person must not drive a vehicle recklessly or at a speed or in a manner which is

dangerous to the public. Maximum penalty: Imprisonment for 2 years. (2)

In considering whether an offence has been committed under this section, the court must

have regard to— (a)

the nature, condition and use of the road on which the offence is alleged to have been committed; and

(b)

the amount of traffic on the road at the time of the offence; and

(c)

the amount of traffic which might reasonably be expected to enter the road from other roads and places; and

(d) (3)

all other relevant circumstances, whether of the same nature as those mentioned or not. Where a court convicts a person of an offence against subsection (1), the following provisions apply:

(a)

the court must order that the person be disqualified from holding or obtaining a driver's

licence— (i)

in the case of a first offence—for such period, being not less than 12 months, as the court thinks fit; or

(ii)

in the case of a subsequent offence—for such period, being not less than three years, as the court thinks fit;

(b)

the disqualification prescribed by paragraph (a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence unless, in the case of a first offence, the court is satisfied, by evidence given on oath, that the offence is trifling, in which case it may order a period of disqualification that is less than the prescribed minimum period but not less than one month.

(4)

In determining whether an offence is a first or subsequent offence for the purposes of this section, only a previous offence against subsection (1) for which the defendant has been convicted that was committed within the period of five years immediately preceding the commission of the offence under consideration will be taken into account.

(5)

It is a defence to a charge of an offence against this section for the defendant to prove

that he or she was, at the time of the offence— (a)

carrying out duties as an emergency worker; and

4 (b)

acting in accordance with the directions of his or her employing authority; and

(c)

acting reasonably in the circumstances as he or she believed them to be.

(6)

In this section—

"emergency worker" means a police officer or a person who is an emergency worker as defined by the regulations for the purposes of this section; "employing authority" means— (a)

in relation to a police officer—the Commissioner of Police; or

(b)

in relation to a person who is an emergency worker as defined by the regulations for the purposes of this section—the person defined by the regulations as the employing authority for that person.