Sentencing Persons Convicted of Drink-Driving Offences
| Author | Austin Lovegrove |
| Published date | 01 September 1979 |
| Date | 01 September 1979 |
| DOI | http://doi.org/10.1177/000486587901200303 |
AUST &NZ JOURNAL OF CRIMINOLOGY (September 1979) 12
(139-144)
SENTENCING
PERSONS
CONVICTED
OF
DRINK-DRIVING
OFFENCES:
139
An
Evaluation of Provisions Preventing the Use
of
Motor
Vehicles and an Alternative Sentence
Austin Lovegrove"
In Victoria persons convicted of drink-driving offences face a period of
licence disqualification. And from 'time to time consideration is given to
proposals that the vehicles, or the registration plates of vehicles being driven by
such persons,
be
impounded
for the
period
of their licence disqualification.
The purpose of this comment is to evaluate provisions which aim to prevent
persons convicted of drink-driving offences from driving a
motor
vehicle for a
specified period. This evaluation is
divided
into three sections: statement on the
aims of sentencing; examination of the provisions in relation to these aims;
comparison of these provisions with an alternative sentence.
Possible Aims of Sentences for Drink-Driving Offences
Upon imposing asentence on a person convicted of a drink-driving offence a
judge or magistrate may attempt to achieve one or more of the following six
goals, although in some instances a sentence giving effect to one aim may be
incompatible with another:
(i) exact atonement by penalizing the offender for the offence;
(ii) deter the offender from subsequent unlawful behaviour by penalizing
him; [Almost all persons convicted of drink-driving offences are male. For
example, Raymond's (1973) study suggests that the ratio is approximately 98:2.1
(iii) deter potential offenders by threatening them with penalties for unlawful
behaviour;
(iv) protect the community from the offender by imposing external restraints
until he is unlikely to commit the offence again;
(v) institutionalize the community's abhorrence of the offence;
(vi) encourage or order attendance at an educative or rehabilitative
programme.
These aims of sentencing
appear
in
the
literature frequently, although authors
differ according to the aims which they endorse or reject
and
the passion with
which they write. So it is appropriate
that
this evaluation offers comments
09
this theme. To this writer's mind the
most
desirable sentence for drink-driving
offences is the one which minimizes the rate of recidivism while taking
cognizance of the welfare
and
rights
of
the offender
and
his family, As such, one
concurs with the second aim in principle. However, there are several potential
difficulties associated with sentences giving effect to this
aim
and
these should
be emphasized at this point. First, it assumes
that
aperson's decision to
drink
and
drive,
and
drinking behaviour, are largely
under
his control
or, perhaps, the control of companions. While our understanding of factors
underlying excessive drinking is limited, it is likely
that
this is a reasonable
• MA, PhD, MAPs S, Lecturer in Criminology, University of Melbourne.
To continue reading
Request your trial