Relevant recommendations from a report examining the sentences for driving offences that result in death or injury have been fully implemented by the state government.
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The Sentencing Advisory Council report was commissioned in 2015 by then Attorney-General Vanessa Goodwin to examine offences in response to community concern expressed towards penalties in cases where a driver causes the death of another person.
The Sentencing of Driving Offences that Result in Death or Injury report was released in 2017 and made several recommendations about reforms needed to address negative community perceptions about sentencing and the needs of victims.
The report made five recommendations;
- Offenders rehabilitate through reconciliation with victims as part of the criminal justice system.
- A pilot restorative justice program for negligent driving causing death and causing grievous bodily harm be further explored.
- The Magistrates Court make comments on passing sentence publicly available in cases of negligent driving causing death or grievous bodily harm.
- Negligent driving offences not be renamed careless driving.
- Negligent driving causing death or grievous bodily harm be specified as alternatives to dangerous driving causing death or grievous bodily harm.
Attorney-General Elise Archer said in response to the report, in late 2017 the government progressed a number of reforms to strengthen Tasmania’s laws.
“This included the Criminal Code Amendment (Dangerous Driving) Bill 2017 which commenced September 2017,” she said.
Daniel Swan was killed in a head-on crash on Mother’s Day when another driver, Graeme John Stronach, veered onto the incorrect side of the road.
Mr Swan’s mother Cheryl has spoken out about the lack of punishment – a $1630 fine and three demerit points – Stronach received for his charge of failing to keep left of the dividing line.
Although the state’s dangerous driving laws have been strengthened, Stronach was only charged with a road rule because the Department of Prosecutions did not decide to prosecute further.
In a letter, Director of Public Prosecutions Daryl Coates told Ms Swan the man who caused the crash had no recollection of it and was, therefore, unable to offer an explanation.
“The mere fact there was a collision does not create a presumption that the driving was negligent,” Mr Coates wrote.
Ms Swan is calling for harsher penalties for people who cause a fatal crash, including an automatic loss of their driver’s licence.
