A first offence of driving with mid-range PCA dismissed under section 10

The Queen v BF

BF was charged with 'drive with mid-range PCA - first offence' contrary to the Road Transport Act 2013. 

The facts involved BF driving his family's golf buggy one evening to drop his friend home. The buggy had a maximum speed of 10km/h and the route did not involve any main roads. 

During the course of his journey BF was randomly assaulted, and a passing police car stopped the buggy to investigate. He was breath-tested and subsequently charged with drink-driving. 

Bill O'Brien represented BF and made submissions that due to his young age, clear criminal record and subjective circumstances, he should not receive a criminal record. 

The presiding magistrate accepted these submissions, and sentenced BF under section 10 of the Crimes (Sentencing Procedure) Act 1999. He was placed on a Good Behaviour Bond for a duration of two years, and did not receive a criminal record.