Magistrates Court - Case Scenario 1
Case Scenario Magistrates Court
On 1 July 2002, the Defendant (Darren SMITH) is at a well-known Launceston nightclub with his girlfriend (Tracey JONES). She is 3 months pregnant. They have been living together for 12 months in a house they are buying near Hadspen.
The Defendant has consumed beer for about the two hours they have been at the night club. His girlfriend drove them to the nightclub and intends to drive them home. A young male person pays some attention to his girlfriend and the Defendant and the male have a verbal argument. This upsets his girlfriend and then she and the Defendant argue. She leaves to drive home.
The Defendant has some more alcohol. He is worried about his girlfriend and decides to walk home.
They live about 10 kilometres from Launceston. It is a cold night. He becomes increasingly worried about his girlfriend and sees an unlocked car in the street. Without thinking he gets in and starts the car. He commences to drive home.
He decides to stay away from the main highway and drives through Prospect. He does not know the area well and on the bend past the Launceston Casino turn-off he takes the corner too wide and is pulled over by a Police car coming the other way.
The Defendant is breathalysed and returns a reading of .16 percent. He is charged with Motor vehicle stealing, and exceeding .05.
He has appeared in the Youth court for disorderly conduct 4 years ago (dealt with by adjournment with undertaking of good behaviour for 2 years, without conviction).
The Defendant is 20 years of age. His father was an alcoholic who left home when the Defendant was 9. His mother brought him up. He has 3 younger siblings who live at home with his mother.
He was unemployed until 6 months ago when he secured an apprenticeship as a motor mechanic. His job requires a licence. He is described by his employer as initially shy but now settling down well into his job and he has a bright future. He provides financial help for his mother and siblings.
He is extremely remorseful.
He and his girlfriend are in a stable relationship and looking forward to the birth of their child. She is
surprised at his behaviour and says he normally does not drink let alone drink and drive.
He would like to apply for a restricted licence if he is disqualified from driving.
Prevalence of car theft - different offences of (a) stealing, and (b) motor vehicle stealing
Prevalence of drink driving
Penalty provisions of Road Safety ( Alcohol and Drugs) Act
Restricted Licences - eligibility
Rehabilitation of Offenders