TRAFFIC AND DOMESTIC VIOLENCE
Notice of intention to allege previous conviction
If you are charged with a repeat offence, you may receive a notice of intention to allege previous conviction. Notices alleging previous criminal and traffic histories are an aggravating feature and may make you liable to a greater penalty upon conviction.
01 / WHEN IT APPLIES
When you may receive a notice
A notice of intention to allege previous conviction is often seen with two types of offences. The first relates to traffic matters, such as driving under the influence of alcohol or driving under the influence of a dangerous drug. As an example, you may receive this notice if you have driven a motor vehicle under the influence of alcohol within the previous five years and are again convicted of a similar offence.
You may also receive this notice with domestic violence related offences. As an example, you may receive a notice if you have previously been convicted of contravening a domestic violence order and are again convicted of a similar offence.
02 / TRAFFIC MATTERS
Traffic matters
A person's ability to drive is not regarded as a right or a freedom. To be able to drive, a person must have completed the necessary learner driver hours, applied for a licence, and complied with the conditions of that licence and that of the law.
While driving under the influence may seem like an insignificant offence compared to other offences, the penalties are not. The penalties have been designed for both personal and general deterrence. That is, being aware that a charge of driving under the influence can have a detrimental impact on a person's ability to make an income and travel may require people to think before driving.
If a person drives again under the influence within five years after being convicted of a similar offence, then it may be necessary to increase that deterrence by imposing an even higher disqualification period. See drink driving and DUI traffic offences.
03 / DOMESTIC VIOLENCE
Domestic violence matters
In relation to domestic violence matters, a respondent to a domestic violence order will usually receive an application in one of two ways. The first is through civil proceedings, where the aggrieved applies to the Court for a domestic violence order. While the matter is pending resolution, the aggrieved may seek a temporary protection order.
The second option is also a civil application, and the Queensland Police Service will make the application on behalf of the aggrieved. While the matter is pending resolution, the Queensland Police Service may issue a police protection notice, which is like that of a temporary protection order.
When the Queensland Police Service makes the application, it may on occasion be accompanied by related criminal charges. In our experience, these charges can include:
- Common assault
- Assault occasioning bodily harm
- Strangulation, choking, suffocation
In relation to a DVO, it is important to recognise that while the application is civil in nature, the contravention, also known as a breach, can result in criminal charges. Furthermore, there are charges which can be more serious and often result in significant penalties. When a person has come before the court again for a breach, the penalty is increased.
05 / COMPLIMENTARY CASE ASSESSMENT
Complimentary case assessment
If you have received a notice of intention to allege previous conviction, we recommend getting advice early about how it may affect the penalty you are facing.
Organise a complimentary case assessment with a lawyer by calling (07) 3709 7610.
(07) 3709 7610 BRISBANE OFFICE33 Queen Street, Brisbane
