Author: Nyman Gibson Miralis

Kogarah Local Court

Represented by Solicitor: Nyman Gibson Miralis

Case Facts:

Client charged with riding a motorbike whilst disqualified and exceeding the speed limit by more than 30 km/h. Client was charged by police for these offences only a few weeks after he had been convicted for dangerous driving and had been sentenced to a community service order. It was the clients 3rd major offence in the last 5 years. He was facing increased penalties due to the previous major offences and at serious risk of full time imprisonment.

Client pleaded guilty – he failed to complete the Traffic Offender Intervention Program.  Despite being advised to obtain a psychological report – he failed to do so.

A Pre-Sentence Report was obtained which indicated that the client was eligible and suitable for periodic detention.

The client maintained that he was aware that he was disqualified from driving, but thought it did not apply to riding a motorcycle.

Case Result:

It was conceded that the client’s belief about being still able to ride a motor cycle was genuine but that it was not reasonable for him to hold such a belief. Whilst objectively serious, the Magistrate dealt with the matters by imposing a fine – notwithstanding him recently being placed on a Community Service Order.  Minimum disqualification periods were applied.

Our client was very pleased with the outcome.