Failure to stop charge downgraded; unlicenced vehicle and no authority to drive charges discontinued

Our client drove a dirt bike at speed in a carpark with pedestrians present and had taken off at speed when WA Police had put sirens on and engaged in pursuit. Our client was charged with Excess 0.05, No Authority to Drive, Failure to Stop and Use an Unlicensed Vehicle.

​

We reviewed the Prosecution Notice and outlined deficiencies in WA Police’s charging practice. We identified convictions could not be recorded as a matter of law with the No Authority to Drive and Used an Unlicensed Vehicle charges. We raised the deficiencies with the Director of Public Prosecutions (DPP) in the Children’s Court and the DPP agreed to discontinue the charges.

​

Our client was a young person of limited means. The Failure to Stop charge carries 2 years imprisonment and a mandatory minimum fine of $5,000. We successfully persuaded the DPP to amend that charge to an offence of Fail to Follow Police Direction which caried a significantly lower maximum penalty (i.e., $100 fine and 3 demerit points).

​

We spoke to our client about obtaining character references to support a submission that the Court should impose no further publishment which would avoid a ‘conviction’ on the remaining charges.

​

At sentencing, we successfully persuaded the Magistrate to impose no further penalty. This was an excellent result as the client wished to join the Australian Defence Force, and this meant our client avoided any criminal convictions being recorded.