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Criminal procedure (sentence) — Road Traffic Act 1976 — s 6(1)(a) — D driving without a licence — acceptable level of fine — rise in cost of living as factor in assessment of appropriate fine.
The offence of driving without a licence, in contravention of s 6(1)(a) of the Road Traffic Act 1976, is a prevalent one and there is a need to bring home to offenders that the courts will not take kindly to such offences. During the period 1978-80 deposit fines of, on average, around $60,00 were accepted. Based on the increase in the consumer price index since that time, a fine of around $200,00 would now be acceptable as a basic norm for most offences, although this figure will be a general guideline only. Magistrates should not feel obliged to impose a standard sentence for any particular offence, as this would result in an improper fettering of their judicial discretion.
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