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12:52PM Wednesday 03 December, 2008
'Blogs Central
Blog Central: Law and Order Damon Locantro has made a name for himself on the Sunshine Coast defending people charged with breaking the law. His practice, Locantro Lawyers, specialises in criminal defence but also offers services to those facing action by a government department. Damon has 15 years experience in criminal law and was formerly a NSW prosecutor and member of the NSW Police Service.

Courts too tough on disqualified drivers

October 8 | Damon Locantro

It seems that the ordinary sentencing principles do not apply to the offence of disqualified driving.

It might just be a random draw, but people are going from a fine and disqualification to a suspended prison term.

That skips any community-based order, such as probation and community service, and also an intensive correction order.

The important fact is that the way the law is being applied to this offence makes it seem like the courts are essentially saying: “We are not prepared to help you.”

The sentence skips any form of attempt at rehabilitating people.

No wonder people come back before the courts for the same offences.

The community should be very concerned about an attitude that imprisons people before they get some help.

While the decision that prompted this comment is under appeal and will hopefully be set right, everybody needs to be aware of the attitude of the courts to disqualified driving.

An injustice lies in the fact that if you can possess drugs a few times, beat someone up a few times or steal a few times, you are better off than if you drive while disqualified.

Praise our young people

It seems we only hear of young people when they do something wrong.

There are those who don’t listen and don’t learn, but they are few and far between.

I want to personally praise all the young people out there who are law-abiding. Those who just enjoy their youth.

I think all youngsters are treated as guilty till proven innocent when they are out on the streets. This is largely because of the publicity given to the bad ones.

If you’re young and doing your best out there in a difficult world, good on you.

You deserve all of the praise the Coast can give. Your parents should be proud.

Recent Comments

on 14 October, 2007 at 9:26 p.m. ( Suggest removal )
Mr Locantro, are you serious about the law or are you just using this site to drum up business. There is no excuse for disqualified driving. For a person who champions the courts as a fair playing field against the police… what are you saying now…they're not?

Maybe you should consider where you stand before you look more of a goose. Disqualified drivers have disobeyed the courts, the very thing you stand for. Are you saying it is not fair?

How many chances does your client want? He or she would have to have committed a serious offence or offences to get the disqualification in the first place. Further, to receive a prison term he or she must have some serious traffic history.

This is just another example of you leaving out the facts to suit your agenda. Oh but wait, that is exactly what defence lawyers do.

Further, in regard to your touching out reach to the youth. If you care so much, maybe have them around you home and sing coumbe bye yah under your wonderful tree you saved.
on 14 October, 2007 at 11:31 p.m. ( Suggest removal )
Damon,

In your world, is anyone EVER responsible for their own actions?

You say: "An injustice lies in the fact that if you can possess drugs a few times, beat someone up a few times or steal a few times, you are better off than if you drive while disqualified."

It seems by saying that, you are implying people who "possess drugs a few times, beat someone up a few times or steal a few times" are treated fairly, while people who "drive while disqualified" are treated harshly.

I say the "injustice" lies in the fact that people who "possess drugs a few times, beat someone up a few times or steal a few times" are treated extremely leniently, while people who "drive while disqualified" are treated fairly.

By all means, let's get rid of that "injustice" by treating all criminals as criminals!

I get the distinct feeling that when you meet a client for the first time, you sit down and ask them, "Did your father beat you up?"

Jeff "rolling-eyes-in-disgust" Watson.
on 18 October, 2007 at 8:04 a.m. ( Suggest removal )
What about giving them an actual prison term? People know when they are disqualified & deliberately choose to break the law by driving... actions have consequences. Like the above posts state, it is about personal responsibility...

Is this case too harsh Damon?
http://www.thedaily.com.au/news/2007/oct...
"Mr Owens was fined $2300 for driving without due care and attention, failing to give particulars, drink-driving and disqualified driving. He was disqualified from driving for two years."

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