Police InterviewThere is usually no advantage to be gained from making a comment in a Police interview. The Police are trained in interview techniques that encourage you to reveal information that only assists their case. The Police are not interested in your explanation for what happened unless it assists their case. Show Do not treat the interview process lightly. Please call us to have a confidential discussion about your case before attending any Police interview where you intend to make a comment or no-comment interview. Pleading Not GuiltyIf you are pleading not guilty in the Magistrates’ Court to an offence of Fail to Report Accident to Police When Property Damaged, the matter will likely proceed to a contested hearing. A contest is basically a trial in the Magistrates’ Court where the Magistrate hears the evidence and decides if you are guilty or not. Our firm has lawyers who go to Court daily and contest all sorts driving matters. Our lawyers know how to pick apart a weak prosecution case and are expert cross examiners. Our lawyers are prepared to do their own investigations on your vehicle or the accident site to find evidence that supports your version of events. Pleading GuiltyIf you are pleading guilty it is important that you engage an expert lawyer to make a plea on your behalf. A properly prepared plea can ensure that you have the best chance at receiving the minimum penalty for your offending. There is no mandatory license disqualification for this offence but the Magistrate has discretion to make orders against your license. Our lawyers deal with driving offences every day and can help you get the fairest outcome. SentencingSentencing in the Magistrates’ Courts of VictoriaWhich court will the case be heard in?This offence is primarily heard in the Magistrates’ Court. What is the legal definition of Fail to Report Accident to Police When Property Damaged?
Examples of Fail to Report Accident to Police When Property Damaged
LegislationThe relevant legislative provision for this offence is section 61(1)(f) of the Road Safety Act 1986 (Vic). Elements of the offenceThe prosecution must prove:
Element 1: A person was the driver of a motor vehicle that was involved in an accident Being the ‘driver’ of a motor vehicle means being the person who was driving or in charge of the motor vehicle at the time when it was involved in the accident.1 Element 2: Any property (including an animal) was damaged or destroyed due to the accident Property can include animals, such as household pets or farm animals. It is necessary for the property to be damaged or destroyed due to the accident. A person being charged with this offence is not liable for property damage that existed prior to the accident. Element 3: Neither the owner of the property, nor their representative nor a police officer was present at the scene of the accident ‘Owner’ in relation to a motor vehicle is defined broadly. It means an outright owner, a part-owner and also includes a person who has possession of the motor vehicle under a hire-purchase agreement, or a bill of sale or like instrument, or under a written hiring agreement (not being a hire-purchase agreement) which requires the person to register the motor vehicle in their name.2 However, the term ‘owner’ in relation to a motor car does not capture a person in whom the motor vehicle or any absolute or conditional right to take possession of the motor vehicle is vested under a hire purchase agreement or bill of sale or like instrument, where the instrument requires another person to register the motor vehicle in their name but who has not for the time being possession or use of the motor vehicle.3 ‘Any person representing the owner’ is not defined in the Act. It could foreseeably include the owner’s family members or associates who have authority to act on their owner’s behalf. ‘Police officer’ means a police member appointed under the Victoria Police Act 2013.4 Element 4: The person did not as soon as possible report the full particulars of the accident in person at the most accessible police station that was open at the time If the most accessible police station to the accident is closed at the time the accident occurred, the person must attend the next most accessible police station that is open at the time. The person must report the ‘full particulars’ of the accident. The term ‘full particulars’ is not defined in the Act. It foreseeably requires the person to report all relevant information to the police when they report to the most accessible police station that is open at the time. DefencesDefences in this type of case ordinarily turn on factual disputes. Such defences include:
Questions in cases like this
As with any criminal offence, whether or not someone should plead guilty to this charge depends on the specific features of their case. Maximum penalty for section 61(1)(f) of the Road Safety Act 1986The maximum penalty for Fail to Report Accident to Police When Property Damaged (s61(1)(f) of the Road Safety Act 1986) depends on whether it is a first offence or a subsequent offence. In the case of a first offence, the maximum penalty is 5 penalty units (a $805.95 fine) or a maximum of 14 days imprisonment.5 In the case of a subsequent offence, the maximum penalty is 10 penalty units (a $1611.90 fine) or a period of imprisonment not less than 14 days and not more than 1 month.6 A ‘subsequent offence’ means any subsequent offence after a person has committed an offence under any provision of section 61(1) of the Act. This means that if a person commits an offence under s 61(1)(d) (fail to give name and address at scene of accident to police officer present) and subsequently commits an offence under s 61(f), the appropriate penalty for the offence against s 61(f) will be the ‘subsequent offence’ penalty.7 The Department of Treasury and Finance reviews and updates the value of a penalty unit on 1 July each year.8 As such, the maximum fine for this offence is liable to change. Other important resources
Case studies related to Fail to Report Accident to Police When Property Damaged
[1] Road Safety Act 1986 (Vic) s 3 Do you have to report an accident to the nearest police station?Report the accident to any police officer at a police station or at any office set aside by a competent authority(eg. Metro Police) for use by a traffic officer, and there produce his or her driving licence and furnish his or her identity number and such information as required.
Do you have to call police after a minor car accident BC?B.C. law actually requires anyone involved in an accident to notify the police within 24 hours (or 48 hours in rural areas) if the estimated damages exceed $1,000. Even if you are unsure of the amount or extent of any property damage, it is still a good idea to report an accident to the police as soon as possible.
What do you do after a car accident in Australia?If someone involved in the crash is later treated for an injury, call the Police Assistance Line on 131 444. If police do not attend the crash scene, you must report the crash as soon as possible (within 24 hours) if: a vehicle is towed away. property is damaged or animals are injured.
What happens if someone else crashes my car Australia?If your friend has crashed your vehicle but they were not at fault (i.e. another driver ran into your car while your friend was driving) then you will be able to make a claim directly against the other driver, or against the other driver's insurance.
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