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. Education or harsher penalties?
| Damon Locantro
It seems penalties for driving offences are on the up and down.
The Maroochydore magistrates are focused on education.
If you attend the Attitudinal Driving Workshop run by the local police the magistrates will recognise your effort and reduce your penalty.
It is a fantastic initiative by the police and the court.
Focussing on educating offenders about the effects of drink driving and other offences has already had a positive effect on my clients.
Everyone says that they have taken something positive from the session.
The message is that if you attend and learn something you can get back on the road quicker and have another shot at obeying the rules.
The approach of the Queensland Parliament is a lot different.
Their focus is on heavier penalties, in some cases, significantly heavier.
This month a new regime of punishment commenced.
Previously if people came to court with two offences such as drink driving and disqualified driving and they got two periods of disqualification, both periods would run together so effectively they would serve the longer period before being eligible to get their licence back.
Now they will serve one after the other. In a typical case involving disqualified driving a person could spend an additional year off the road.
So, two very different attitudes.
I believe that education and a reduction in penalties is the way to go.
In my opinion, increasing penalties may keep a few people off the road, but when they come back they have no education and will still be more likely to re-offend.
In addition, I think that if you tell a young person they are off the road for three years, there is no light at the end of the tunnel and they will probably drive during the period of disqualification.
The Queensland Parliament should take a good look at how things are done in Maroochydore.
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Recent Comments
The only bit you've got right with this story is that we need further education. However you have (again) focussed on the offender and their education. Education shouldn't be limited to offenders, rather it should be for everyone. And until Qld Transport or the Government get serious about proper driver education BEFORE you get a license and offend and regular maintenance of driver skills, we will continue to see bandaid solutions like education of offenders.
Let's stop focussing on the symptom (reactive) and aim to cure/prevent the disease (proactive).
Instead this is a sledgehammer to the heart. It's an emotional rollercoaster which takes you from a bit of frivolity to a parent's deepest fears - the death of their child.
If you're going to go, sit down, shut up and hang on. It's not for the weak of heart. If you leave thinking 'beauty, got me a month off my disqualification', then good. If you leave thinking 'My God, my actions might effect someone else' even better.
As for the comments regarding current Government legislation, cumulative sentencing or even disqualification has always been a cop out. If I smash up someones life because of my dangerous driving I deserve my disqualification, but if I do it whilst drunk, thrown the book at me. Conscience, it's a powerful thing. Too bad we all didn't have more.