No trend to lighter dangerous driving sentences, ACT government says after review

Attorney-General Shane Rattenbury tabled the government's response to a Legislative Assembly inquiry into dangerous driving, which confirmed the government agreed to streamlining dangerous driving offences and improved community education.

While the government agreed, or agreed in principle, to 16 of the 28 recommendations, it disagreed with four of the committee's findings. Seven recommendations were noted.

The government said it disagreed with a recommendation to introduce fines for passengers who leave the scene of accidents.

"The legislative and operational considerations in relation to this recommendation are extensive as it would fundamentally change the default nature and role of a passenger's responsibility under the existing road transport legislation," the government's response said.

The government also rejected expanding police powers to seize mobile phones from drivers and passengers at the scene of serious collisions, and increasing the authority of the sentence administration board.

The government said it had completed a review of sentencing data for dangerous driving offences, which found the average sentence duration was 286 days in 2022-23, up from 277 days in 2021-22 but down from 306 days in 2019-20.

"The analysis ... indicates that there is not a straightforward trend in relation to dangerous driving sentences, however the statistical evidence does not suggest a clear downward trend towards lighter sentences," the government response said.

"The ACT government notes that the low number of counts in many of the offences has caused the average to fluctuate significantly from year to year."

The review was a key recommendation of the dangerous driving inquiry, conducted by the justice and community safety standing committee. The inquiry published its report in April.

The government noted a recommendation to remove a presumption in favour of bail for people charged with serious driving offences.

"The ACT government acknowledges the views of stakeholders within the report but, at this point, does not support the implementation of a neutral bail presumption across all offences considered to be serious dangerous driving offences," the response said.

Labor's Marisa Paterson in June introduced a private member's bill to amend the Bail Act 1992 to remove the presumption of bail for people charged with culpable driving, driving at police, and furious, reckless or dangerous driving.

MORE A.C.T. POLITICS NEWS:

Mr Rattenbury on Tuesday said the government's response was designed to reduce the serious harm of dangerous driving.

"Our commitment to the safety of our community remains unwavering and it is our responsibility to ensure that the measures we put in place are effective and practical, with the goal of reducing dangerous driving and preventing further tragedies on our roads," Mr Rattenbury said.

The Attorney-General also thanked the victims and families of victims who had participated in the dangerous driving inquiry.

Debate will continue in the Legislative Assembly this week on a bill that will close a loophole by introducing a new offence of trespassing in a motor vehicle.

Mr Rattenbury said the offence would target car park break-ins and people stealing from cars.

"It aims to fill a gap in the criminal law as previously it was only an offence to charge and convict a person if there was proof the person was driving the vehicle," he said.

"The new offence will ensure people are held accountable for their behaviour and help address the issue of motor vehicle theft and associated dangerous driving and other crimes in the ACT."

Drivers caught speeding and street racing also now face tougher penalties following significant pressure that forced the ACT government to act on road safety.

Eighteen people were killed on Canberra's roads in 2022, the highest since 2010, while three people have died so far in 2023.

Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content: