As reported by Kent Online, morbidly obese Dangerous Driving offender Linda Ann Jenns was recently found guilty of causing the death of a pedestrian.
At sentencing, Jenns' barrister attempted to manipulate her obesity in mitigation of sentence.
After describing Jenns as 'grossly overweight', her barrister claimed her 'morbid obesity' would make life behind bars unbearable.
In referring to the almost certain prison sentence, the barrister stated 'as she is grossly overweight, morbidly obese and since the incident she has put on even more weight, she is a person for whom a prison sentence would be extraordinarily difficult and I don’t think I exaggerate when I say she might not get through it'.
The matter was adjourned so medical evidence could be obtained.
No such stunt would work in Queensland.
Queenslanders charged with Dangerous Driving Causing Death face a maximum penalty of a lifetime loss of driver's licence, 14 years imprisonment and 400 penalty units.
A penalty unit in Queensland is currently worth $113.85.
Dangerous Driving is an extremely serious offence.
Wiseman Lawyers specialise in Dangerous Driving, DUI Drink Driving and Traffic Law.
Regards
Andrew Wiseman, Wiseman Lawyers
Ph: 1300 947 352
andrew.wiseman@wisemanlawyers.com.au
Why not check out the following epsiodes of our YouTube show 'Wiseman Lawyers Ride Alongs':
- Careless Driving | Rockhampton Magistrates Court
- Unlicensed Driving | Normanton Magistrates Court
- Drink Driving | Blackwater Magistrates Court
Queenslanders charged with DUI Drink Driving, Drug Driving or Fail To Provide Specimen face a maximum penalty of a lifetime driver’s licence disqualification, 9 months imprisonment and 28 penalty units.
Persons charged with Careless Driving (Drive Without Due Care & Attention) face a maximum penalty of a lifetime driver’s licence disqualification, 6 months imprisonment and 40 penalty units.
Queenslanders charged with Dangerous Driving, which is a Criminal offence, face a maximum penalty, depending upon the circumstances of aggravation, of 5 years imprisonment, 200 penalty units and a lifetime driver’s licence disqualification.
Persons charged with Disqualified Driving face a maximum penalty of a lifetime driver’s licence disqualification, 12 months imprisonment and 40 penalty units.
Queenslanders charged with Evade Police a maximum penalty of 3 years imprisonment, 200 penalty units and a lifetime licence disqualification.
Persons charged with Repeat DUI Drink Driving, Repeat Drug Driving, Repeat Fail To Provide Specimen, or a Repeat combination of these offences, face a maximum penalty of a lifetime driver’s licence disqualification, 18 months imprisonment and 60 penalty units.
A penalty unit in Queensland is currently worth $113.85.
In addition to the above penalties, anyone who pleads or is found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $110.90.
Magistrates have a general power to impose up to a lifetime driver’s licence disqualification, above and beyond any legislated disqualification ranges.
Wiseman Lawyers specialise in DUI Drink Driving, Drug Driving, Careless & Dangerous Driving, Evade Police and Drug, Alcohol & Traffic offences.