September 21: Longer sentences for worst offenders - SA - Breaking News 24/7 - NEWS.com.au
Posted by admin on 09/21/05 in Traffic Safety Issues, Kapunda Road Royal Commission
Longer sentences for worst offenders - SA - Breaking News 24/7 - NEWS.com.au By Greg Kelton, September 21, 2005
DRIVERS involved in “serious” road accidents will have only 90 minutes to report to police under tough new penalties for dangerous driving. There also will be longer jail sentences and motorists involved in car chases are likely to have bail refused.
Drivers in a fatal or injury-causing accident will be required to present themselves to police within 90 minutes to provide information and submit to a blood alcohol test.
Under current road rules, motorists involved in accidents only have to give their particulars to police as soon as possible and “in exceptional circumstances within 24 hours”.
The changes are to be introduced to Parliament this week as a result of the Kapunda Road Royal Commission, which followed the trial of lawyer Eugene McGee over the death of cyclist Ian Humphrey.
McGee was acquitted of causing death by dangerous driving, but found guilty of driving without due care. He was fined $3100 and lost his licence for a year.
Attorney-General Michael Atkinson said yesterday the move would result in an “intermediate step” between charges of driving without due care, which attracted a fine, and dangerous driving causing death which could lead to a 10-year jail term.
“We think there has to be something between these two extremes,” he said. A charge of dangerous driving without death or injury attracted a maximum jail term of three months, which was rarely applied. This would be changed to a maximum of two years’ jail.
Mr Atkinson said vehicles could be weapons, so the bail changes would target those who endangered lives in police pursuits.
“We want to make sure that the vast majority of these people, if not all, arrested after a car chase are refused bail,” he said.
“It is better for the public for them to be kept in custody as most of them are repeat offenders.”
In other legislation arising from the McGee case, defence lawyers will have to file lists of expert witnesses with a court at least 14 days before a trial.
The list will have to contain the name and address of the witness, his or her qualifications and the substance of the evidence.
Lawyers who fail to follow this rule could face action for misconduct.
In McGee’s District Court trial, the defence introduced last-minute expert psychiatric evidence that was not disclosed before trial and the prosecution was unable to produce its own expert witness to rebut the evidence.
No Pokies MLC Nick Xenophon said he wanted the law on dangerous driving to go even further so that any driver who left the scene of an accident would be presumed to have been driving dangerously unless proved otherwise.
Opposition legal affairs spokesman Robert Lawson said while the Liberals supported some elements of the legislation, they believed the Government had to devote more resources to catching offenders.
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