DANGEROUS DRIVERS TARGETED BY GOV'T

People driving recklessly or dangerously on South Australian roads can be sent to jail for up to two years under the Rann Government’s latest reforms to be introduced to Parliament this week.

The new penalty is in line with a recommendation by the Kapunda Road Royal Commission that there be an intermediate step in South Australia’s serious driving offences – between Drive without Due Care and Dangerous Driving Cause Death.

Attorney-General Michael Atkinson says Dangerous Driving without death or injury currently attracts a fine and this change will deliver an eight-fold increase on the maximum three-month penalty for a second offence.

This fits between the 10-year penalty for Dangerous Driving Causing Death or Injury and a fine for Drive Without Due Care.

“Drivers are on notice that reckless driving on our roads will lead to a jail cell,” said Mr Atkinson.

Many of the Royal Commissioner’s Recommendations affecting police operations are being considered by a dedicated SAPol project team that is due to report soon.

“Although SAPol is still considering a range of proposed reforms, it has already taken some significant initial steps,” Mr Atkinson said.

“They include:

• Re-training Major Crash personnel in forensic procedures, investigation and disclosure;
• Skilled investigators overseeing investigations in the interim;
• Enhanced investigative experience within Major Crash;
• Major Crash’s outstanding cases being audited and all incoming cases to include a case consultation/review process;
• Developing an ongoing refresher-training program in forensic procedures for all SAPol officers.”

The amendments to the Criminal Law Consolidation (Serious Vehicle and Vessels Offences) Amendment Bill 2005 will be introduced to Parliament’s House of Assembly this week.

The Bill has already been introduced to:

• Deliver a ten-fold increase in the maximum jail penalty (to 10 yrs) for failing to stop or give assistance after causing an accident where a person has been knocked down in a road accident;
• Requires a person to present himself or herself to police within 90 minutes of an accident to provide particulars and submit to an alcotest or breath analysis;
• Increase maximum penalty to 15 years for causing death or serious injury by dangerous driving where the offence is ‘aggravated’ – aggravating factors include flee from police, b.a.c. of 0.15 or more, exceeding speed limit by 45km or more, drive under influence of drugs or driving while disqualified;
• A subsequent ‘aggravated’ offence carries a maximum 20-years jail.

The Rann Government will also introduce its Statutes Amendment (Criminal Procedures) Bill 2005 to:

• Implement Duggan Report recommendations for criminal trial reform;
• Avoid criminal trials being ‘ambushed’ by the last minute use of undisclosed expert evidence;
• Introduce sanctions to deal with any failure to comply with disclosure obligations;
• Where expert evidence about an accused is proposed, give courts the authority to require the accused to submit to an examination by an independent expert retained by the other side;
• Clarify section 5 of the Criminal Law (Forensic Procedures) Act 1998 to remove any perceived ambiguity in relation to the Road Traffic Act 1961.1 Media release here