Another case highlights the urgent need for fines system reform

Date : 16 Dec 2011

Media release

The second case in as many weeks involving unpaid fines, where there is no right of appeal, has been decided in the Supreme Court, highlighting the urgent need for infringements law to change.

The case involves a man with an intellectual disability who Victoria Legal Aid argued should have his prison sentence overturned and his case re-heard.

In February 2009, Zakaria Taha was sentenced by Broadmeadows Magistrates’ Court  to 80 days jail for unpaid public transport and traffic fines totalling more than $11,000.

When sentenced, the magistrate did not know that Mr Taha had an intellectual disability, and did not use his powers to waive the fines.

In reviewing the original sentence, the Supreme Court today decided that Mr Taha’s intellectual disability should have been taken into account. The sentencing decision will now return to the Magistrates’ Court for reconsideration.  

'We lodged an appeal when Mr Taha’s intellectual disability was identified, but the court ruled that he could not appeal because his offence was made under the Infringements Act,' said Kristen Hilton, Director of Civil Justice, Access and Equity at Victoria Legal Aid.

'Unlike any other criminal offence, infringements law does not allow for a case to be appealed or re-heard.

'No one should be facing a jail term without the right of appeal. This option should also be available for fines, which cover the most minor offences.

'The court held that given there is no current right of the appeal in these matters, magistrates have a particular duty to make reasonable enquiries of people that come before them to ascertain whether they have special circumstances.'

Ms Hilton said that today’s decision will help to clarify whether the Victorian Parliament needs to look at amending the law to enable appeals and re-hearings from sentences for unpaid fines, so that mistakes can be corrected.

'Having a system for fines can be an efficient way for the community to deal with minor offences, but it shouldn’t lead to unfair or disproportionate outcomes.'

She said that unpaid fines often resulted in people being jailed for lengthy periods for minor matters.

'Many of these people are marginalised, from non-English speaking backgrounds, in financial hardship, living with a disability or mental illness, or experiencing homelessness.'

Last week Victoria Legal Aid sought clarification from the Supreme Court on behalf of Anthony Shanaka Fernando if going to jail for 122 days for not paying fines was a fair and proportionate sentence. In that case, the court found that there is no right to appeal a sentence for unpaid fines, even if the sentencing court gets the sentence wrong.

More information

Court test case highlights urgent need for fines system reform

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