Local Court of New South Wales
CITATION: Police V Rivers [2009] NSWLC 3 JURISDICTION: Criminal PARTIES: Police
Skye Louise RIVERSFILE NUMBER: PLACE OF HEARING: Downing Centre DATE OF DECISION: 02/16/2009 MAGISTRATE: Chief Magistrate G L Henson CATCHWORDS: Take and drive conveyance without consent of the owner - Drive under the influence of Alcohol or Drugs - Negligent driving - Fail to stop and supply particulars - Malicious Damage to Property - Assault Police in the execution of their duty LEGISLATION CITED: Crimes Act 1900 - Road Transport (Safety and Traffic Management) Act 1999 CASES CITED: DPP v Cooke [2007] NSWCCA 2
Elliot V Harris (No2) (1976) 13 SASR
R V Doan (2000) 50 NSWLR
R V Edwards (1996) 90 A Crim R 510
R V Hemsley [2004] NSWCCA109
R V McNaughton [2006] NSWCCA 242
R V Thomson & Houlten (2000) 49 NSW LR 383
R V Walker [2005] NSWCCA 109
R V Zamagias [2002] NSWCCA 17TEXTS CITED: REPRESENTATION: ORDERS:
1. The offender is charged with two separate and distinct series of offences. Pleas of guilty were entered to each of the pending charges. The first series of offences were committed on 1st February 2008. Those offences, in order of their commission consist of one count of take and drive conveyance without consent, a charge preferred under section 154A(1)(a) of the Crimes Act, 1900, one count of driving under the influence of alcohol or other drugs, a charge preferred under Section 12(1)(A) of the Road Transport (Safety and Traffic Management) Act 1999, two counts of negligent driving contrary to the provisions of Section 42(1)(C) of the same Act and two counts of Not providing particulars to the other driver contrary to the provisions of Australian Road Rule 287(1) made under the same Act.
2. The second series of offences were committed on 19th May 2008. They consist of 5 counts of malicious damage contrary to the provisions of Section 195(a) of the Crimes Act 1900 and two counts of Assaulting a Police Officer in the execution of their duty contrary to Section 60(1) of the Crimes Act 1900.
3. Following the entry of a plea of guilty to each charge the prosecution tendered a written statement of facts relating to each matter. There has been no demurrer with the accuracy of the facts upon which the prosecution rely. The factual circumstances of each series of offences are serious. I turn firstly to the offences of 1st February 2008 and outline them as succinctly as possible. The court record has the more comprehensive statement of facts attached to it.
4. On the afternoon and evening of 1st February 2008 the offender was in the company of a person called Rebekah Gaudiosi. Both persons attended licensed premises in the inner city and consumed a quantity of alcohol. Ms. Gaudiosi had her vehicle with her. As a result of the drinking session the offender became increasingly intoxicated. She asked Ms Gaudiosi for the keys to her car so she could drive home.…
Continue reading Police v Rivers
Sign in free to access the full text
- AGLC
- Police v Rivers [2009] NSWLC 3
- Case
- [2009] NSWLC 3
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court had to decide included the admissibility of evidence obtained during the apprehension of Rivers, the appropriate charges to be laid given the circumstances of the incident, and the appropriate sentencing for Rivers considering the multiple charges. The court also had to consider the applicability of specific provisions of the aforementioned Acts to the facts of the case.
The court, after examining the evidence and the applicable legal principles, found Rivers guilty on all counts. In reaching its decision, the court noted the seriousness of Rivers' actions, which not only endangered his own life but also posed a significant risk to public safety. The court emphasised the need for deterrence and rehabilitation in its sentencing. Ultimately, the court imposed penalties that reflected the gravity of the offences and aimed to address the underlying issues that led to Rivers' criminal conduct.
The orders issued by the court included a comprehensive list of charges against Rivers, reflecting the detailed nature of the offences. Rivers was found guilty on all counts, and appropriate penalties were imposed. The court's decision highlighted the importance of adhering to traffic laws and the serious consequences of violating them, particularly when combined with substance abuse and reckless driving.
Orders
Orders of the court
1. The offender is charged with two separate and distinct series of offences. Pleas of guilty were entered to each of the pending charges. The first series of offences were committed on 1st February 2008. Those offences, in order of their commission consist of one count of take and drive conveyance without consent, a charge preferred under section 154A(1)(a) of the Crimes Act, 1900, one count of driving under the influence of alcohol or other drugs, a charge preferred under Section 12(1)(A) of the Road Transport (Safety and Traffic Management) Act 1999, two counts of negligent driving contrary to the provisions of Section 42(1)(C) of the same Act and two counts of Not providing particulars to the other driver contrary to the provisions of Australian Road Rule 287(1) made under the same Act.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.