The paper reflects terms of reference made in April this year -
The Sentencing Council is to review the sentencing of recidivist traffic offenders who may pose an ongoing risk to the community and make recommendations for reform to promote road safety. In conducting the review, the Council should:
1. Provide sentencing statistics on such offenders and analyse them in terms of relevant offender characteristics;
2. Consider the principles the courts should apply when sentencing such offenders;
3. Have regard to the availability of, and relevant findings on, driver intervention programs and other initiatives in NSW and other comparable jurisdictions;
4. Consult with road safety and other experts, and consider international best practice, on how best to deter recidivist traffic offenders from reoffending and encourage safe driving practices; and
5. Have regard to any other matter the Council considers relevant.The paper features the following questions
1. Introduction
1.1 Identifying repeat offending (1) Is the current list of offences that make up repeat offending for the purposes of the Road Transport Act 2013 (NSW) appropriate? (2) If not, what changes should be made to this list of offences? (3) What other ways are there to identify repeat traffic offending that gives rise to an ongoing risk of harm to the community?
1.2 Dealing with repeat driving offenders Considering the existing and possible sentencing and other available responses to repeat driving offenders (outlined in chapters 4-6): (1) What options are appropriate for sentencing repeat driving offenders who may pose an ongoing risk to the community? (2) What sorts of offenders should they target? (3) What changes could be made to the law to make it more effective in dealing with repeat driving offenders who may pose an ongoing risk to the community?
2. Driving offences involving harm or a high risk of harm
2.1 Driving offences resulting in death (1) Are the maximum penalties for driving offences resulting in death appropriate? If not, what should they be? (2) Are the sentencing outcomes for driving offences resulting in death appropriate? Bearing in mind the availability of new sentencing orders, what should the sentencing outcomes be, and how could they be achieved?
2.2 Driving offences resulting in injury (1) Are the maximum penalties for driving offences causing injury appropriate? If not, what should they be? (2) Are the sentencing outcomes for driving offences causing injury appropriate? Bearing in mind the availability of new sentencing orders, what should the sentencing outcomes be, and how could they be achieved?
2.3 Identifying other offences that carry a high risk of harm (1) What other driving offences should be considered in the group of offences carrying a high risk of harm? (2) Are the maximum penalties for these other offences appropriate? If not, what should they be? (3) Are the sentencing outcomes for these other offences appropriate? Bearing in mind the availability of new sentencing orders, what should the sentencing outcomes be, and how could they be achieved?
2.4 Speeding offences (1) Are the maximum penalties for high range speeding offences appropriate? If not, what should they be? (2) Are the sentencing outcomes for high range speeding offences appropriate? Bearing in mind the availability of new sentencing orders, what should the sentencing outcomes be, and how could they be achieved?
2.5 Alcohol and drug-related driving offences (1) Are the maximum penalties for alcohol and drug related driving offences appropriate? If not, what should they be? (2) Are the sentencing outcomes for alcohol and drug related driving offences appropriate? Bearing in mind the availability of new sentencing orders, what should the sentencing outcomes be, and how could they be achieved?
2.6 Fatigue related driving offences (1) Are the maximum penalties for fatigue related driving offences appropriate? If not, what should they be? (2) Are the sentencing outcomes for fatigue related driving offences appropriate? Bearing in mind the availability of new sentencing orders, what should the sentencing outcomes be, and how could they be achieved?
2.7 Driving offences carrying a high risk of harm (1) Are the maximum penalties for driving offences carrying a high risk of harm appropriate? If not, what should they be? (2) Are the sentencing outcomes for driving offences carrying a high risk of harm appropriate? Bearing in mind the availability of new sentencing orders, what should the sentencing outcomes be, and how could they be achieved?
3. Sentencing principles
3.1 Guideline judgments (1) Do the guideline judgments on dangerous driving and high range prescribed concentration of alcohol continue to be appropriate? (2) If not, how should they be changed? (3) What other driving offences could be subject to guideline judgments? (4) What should those guidelines contain?
3.2 Objective circumstances (1) Are the sentencing principles that relate to objective circumstances appropriate for dealing with repeat driving offenders? (2) If not, what changes should be made and how could they be achieved? xii NSW Sentencing Council
3.3 Subjective circumstances (1) Are the sentencing principles that relate to subjective circumstances appropriate for dealing with repeat driving offenders? (2) If not, what changes should be made and how could they be achieved?
3.4 Other considerations (1) Are the other considerations listed in paragraphs [3.52] – [3.61] appropriate for dealing with repeat driving offenders? (2) If not, what changes should be made and how could they be achieved?
3.5 Repeat offending (1) Are the sentencing principles relating to repeat offending appropriate for dealing with repeat driving offenders? (2) If not, what changes should be made and how could they be achieved?
4. Fines and penalty notices
4.1 Fines and penalty notices (1) How effective are fines in dealing with repeat traffic offenders? (2) How effective are penalty notices in dealing with repeat traffic offenders?
5. Suspension, disqualification and unauthorised driving
5.1 Licence suspension (1) Does the system of licence suspension for driving offences adequately deal with repeat traffic offenders? (2) How could the current system be adjusted to deal with repeat traffic offenders more effectively?
5.2 Licence suspension (1) Does the system of licence suspension for driving offences adequately deal with repeat traffic offenders? (2) How could the current system be adjusted to deal with repeat traffic offenders more effectively?
5.3 Penalties for unauthorised driving (1) Does the current system of penalties for unauthorised driving help prevent repeat driving offences? (2) What changes could be made to help the system prevent repeat driving offences more effectively?
6. Special penalties and interventions for driving offences
6.1 Ignition interlock programs (1) Is the NSW mandatory alcohol interlock program effective in dealing with repeat traffic offending? If so, why? If not, why not? (2) What changes could be made to the NSW mandatory alcohol interlock program to reduce repeat traffic offending?
6.2 Vehicle sanctions (1) Is the system of vehicle sanctions in NSW effective in dealing with repeat offending? If so, why? If not, why not? (2) What changes could be made to the system of vehicle sanctions to reduce repeat offending?
6.3 Intelligent speed adaptation systems (1) Would a system of intelligent speed assistance technology be effective in dealing with repeat traffic offending? If so, why? If not, why not? (2) What system of intelligent speed assistance technology could be introduced in NSW to deal with repeat traffic offending?
6.4 Specialist traffic courts or lists (1) Would a specialist traffic court or list be effective in dealing with repeat traffic offending? If so, why? If not, why not? (2) What type of specialist traffic court or list could be introduced in NSW to deal with repeat traffic offending?
6.5 Prevention courses (1) How effective are the various prevention courses for traffic offenders in NSW? (2) What could be done to make existing courses more effective in reducing recidivist traffic offending? (3) What further courses could be introduced to help reduce recidivist traffic offending? In what circumstances could they be most effectively deployed?
6.6 Stricter penalties (1) Should stricter penalties be introduced for repeat traffic offenders? (2) If so, what offences should be subject to these stricter penalties?
6.7 Intensive supervision programs How could the intensive supervision of repeat traffic offenders be improved?
7. Communities requiring special attention
7.1 Communities requiring special attention What communities, in addition to those listed in Chapter 7, might require special attention when dealing with driving offences?
7.2 Remote and regional communities What changes should be made so that traffic law operates effectively for people in remote and regional communities?
7.3 Young people What changes should be made so that traffic law operates effectively for young people?
7.4 Aboriginal people What changes should be made so that traffic law operates effectively for Aboriginal people?
