NCJ Number
173474
Date Published
1995
Length
8 pages
Annotation
This paper focuses on the issue of what penalty an offender in New South Wales will receive if found guilty of a prescribed concentration of alcohol (PCA) offense.
Abstract
Penalties for PCA offenses vary in accordance with a number of factors, particularly those the Traffic Act stipulates in setting the maximum penalty: the range of PCA and the offender's prior record. Several other factors are also significant, including age and sex of the offender and whether the offender has legal representation. Penalties vary across a broad range due to many other factors, such as the offender's prior record, the offender's occupation or income level, whether the offender was convicted of other driving offenses at the same time, the likelihood of further offending, and the availability of non-penal options. The analysis shows persons found guilty of PCA offenses receive the following penalties on average: (1) low range, $290 fine and 3.5 months license disqualification; (2) middle range, $450 fine and 7.9 months license disqualification; and (3) high range, $669 fine and 17.3 months license disqualification. Prior record and other factors such as age and sex have an effect on penalties imposed, with males generally receiving higher penalties than females, offenders between 21 and 30 years of age receiving higher penalties than older or younger offenders, and offenders with a prior record receiving higher penalties than those without a prior record. 4 references and 15 figures