Failure To Notify Prevents Police Using Previous Similar Offences
Phillip Lloyd Thompson will avoid jail after pleading guilty to dangerous driving on the Bruce Highway. Mr Thompson received an eight month jail term, suspended for 15 months, and was disqualified from driving for two years.
Police however failed to properly notify Mr Thompson that they intended to refer to previous similar offences during the trial, as such the court was prevented from considering any similar offence when sentencing Mr Thompson. Should the court have been allowed to consider previous offences, it is possible Mr Thompson would have received a harsher sentence.
A previous higher court ruling provides that should police wish to refer to previous, similar offences they must first notify the defendant of their intention to do so.