Miles v Police

Miles appealed against the sentence imposed by the Magistrates Court, where he had pleaded guilty to driving his motor vehicle at a speed of 122 kilometres per hour in a 110 kilometre per hour zone. The appellant had a history of driving offences, which placed him at risk of being disqualified from holding or obtaining a driver’s licence for three months under section 98BC(1) of the Motor Vehicles Act 1959 (SA). However, he avoided this outcome by electing to accept good behaviour as a condition of his licence for a period of 12 months, pursuant to section 98BE(2) of the MVA. Under this condition, if the appellant incurred two or more demerit points, he would face a six-month disqualification from holding or obtaining a driver’s licence. The appellant had already lost one of the two points when he committed the current offence.

The court had to determine whether the Magistrate exercised her discretion correctly in recording a conviction and whether she declined to find that the offence was trifling, or that any other proper cause existed to reduce the number of demerit points, in exercise of the power conferred by section 98B(4) of the MVA. The court held that the Magistrate had exercised her discretion correctly in recording a conviction and that there was no error in finding that the offence was not trifling, or that any other proper cause existed to reduce the number of demerit points. The appellant incurred a demerit point, and his driver’s licence was suspended for a period of six months.

The appeal was dismissed. The court held that the Magistrate had exercised her discretion correctly in recording a conviction and that there was no error in finding that the offence was not trifling, or that any other proper cause existed to reduce the number of demerit points. The appellant incurred a demerit point, and his driver’s licence was suspended for a period of six months.