Criminal Code Amendment (Dangerous Driving) Act 2017 (TAS)

The Criminal Code Amendment (Dangerous Driving) Act 2017 was introduced to amend the Criminal Code Act 1924 and the Traffic Act 1925, in addition to making consequential changes to other Acts. This case involved an appeal by the respondent against their conviction for dangerous driving, which was subsequently upheld by the Supreme Court of Tasmania. The respondent argued that the provisions of the amended Act were retrospective and thus contravened the constitutional principle of legality, which requires criminal provisions to be clear and certain.

The key legal issue before the court was whether the amendments introduced by the Act were retrospective in nature, and if so, whether this was permissible under the constitutional principle of legality. The court examined the language of the amended provisions and considered whether they applied to conduct that occurred before their enactment. Additionally, the court considered whether the amendments imposed a penalty for conduct that occurred prior to their enactment, which would also render them retrospective.

In its decision, the court found that the amendments introduced by the Act were not retrospective, as they did not apply to conduct that occurred before their enactment. The court held that the amendments were prospective and applied only to conduct that occurred after the amendments came into force. Furthermore, the court found that the amendments did not impose a penalty for conduct that occurred prior to their enactment, as the penalties for dangerous driving remained unchanged. Consequently, the court held that the amendments did not contravene the constitutional principle of legality.

As a result of this decision, the respondent's appeal was dismissed, and their conviction for dangerous driving was upheld. The court affirmed the constitutionality of the amendments introduced by the Criminal Code Amendment (Dangerous Driving) Act 2017.