New South Wales Consolidated Regulations

ROAD TRANSPORT (GENERAL) REGULATION 2005 - REG 167

167 Provisions relating to first offences and second or subsequent offences

(1) This clause determines whether, for the purposes of this Part, an offence is:

(a) a first offence, or

(b) a second or subsequent offence.

(2) A person is found guilty of a second or subsequent offence if, and only if, the occasion when the second or subsequent offence occurred:

(a) was different from the occasion when the first offence for which the person was found guilty occurred, and

(b) was within 3 years of the occasion of the first offence.

(3) The order in which the offences were committed is irrelevant.

(4) It is also irrelevant whether or not the offences were subject to the same penalties.

(5) If the court is satisfied that a person is guilty of an offence but cannot determine (from the information available to the court) whether the offence is a first offence for which the person was found guilty, the court may only impose a penalty for the offence as if it were a first offence.

(6) When determining whether a person has previously been found guilty of an offence under this Part, the court must have regard to a finding of guilt for an offence committed under corresponding provisions of a corresponding law.