WARLOW

Prosecution allegations

At about 9.05 p.m. on the 19th of August 2012 police were travelling south on South Road, Mile End in an unmarked vehicle. They were doing random registration checks via the portable data terminal.

Police conducted a registration check upon the Ford sedan ABC-123 driven by the accused in the same direction and the registration was shown to have expired on the 7th of June 2012. Police stopped the vehicle and went to speak to the driver.

As police approached the driver's door of the car, they saw what appeared to be the wooden handle of a knife protruding from between the driver's seat and the centre console. When the accused had got out of the car, police removed the item, which was indeed a knife with a wooden handle and a 20cm blade. Police subsequently seized the knife, issued a receipt and then questioned the accused.

The accused was aware the registration had expired but thought he had posted a cheque to renew the registration that week. He did not know that being expired for more than 30 days also meant the vehicle was not insured.

He said he could not remember why he had placed the knife in the car, but that it would have been to go to a barbecue or something. He could not explain why it was placed between the driver's seat and the console. He stressed he was not a violent man.

The accused has an extremely long criminal history including many convictions for offences of violence. He has had some 37 convictions for various offences since 2007, and just the summary for his criminal history runs to 16 pages. His first conviction was in 1994.

EDUCATIONAL USE ONLY

SOUTH AUSTRALIA

/ COMPLAINT
Magistrates Court of South Australia

Summary Procedure Act, 1921
Sections 49 / Court Use
date filed
Complainant
Name:...THE UNDERSIGNED MEMBER OF THE POLICE FORCE
AddressADELAIDE CRIMINAL JUSTICE SECTION
Defendant
Name: WARLOW, Adrian
Address12 Brown Street, Cowandilla
Offence details
1.The Complaint of a Member of the Police Force of Adelaide this 24th day of August 2012 who states that Adrian Warlow on the 19th day of August 2012 at Mile End:
Drove a vehicle, namely a motor vehicle, on a road, namely South Road while there was no current certificate of registration displayed on the vehicle.
Section 9 of the Motor Vehicle Act 1959.
2.On the same day at the same time, on a road, namely South Road, drove a motor vehicle while there was in place no current insurance for the vehicle.
Section 102 of the Motor Vehicle Act 1959.
3.On the same day at the same time carried an offensive weapon
Section 21C(1) of the Summary Offences Act, 1953.
These are Summary Offences
Other orders sought (forfeiture, compensation, additional penalty, destruction or the like – Rule 15.03)
......
DateComplainantWitness
(Registrar, Deputy Registrar or Justice of the Peace)
(Not required if Complainant is a Public Authority)

Summary Offences Act 1953

21C—Offensive weapons and dangerous articles etc

(1) A person who, without lawful excuse—

(a) carries an offensive weapon or an article of disguise; or

(b) has possession of an implement of housebreaking, is guilty of an offence.

Maximum penalty: $2 500 or imprisonment for 6 months.

Motor Vehicle Act 1959

9—Duty to register

(1) A person must not drive an unregistered motor vehicle, or cause an unregistered motor

vehicle to stand, on a road.

Maximum penalty: $2 500.

102—Duty to insure against third party risks

(1) A person must not drive an uninsured motor vehicle, or cause an uninsured motor

vehicle to stand, on a road.

Maximum penalty: $5 000.

(1a) However, subsection (1) does not apply to a person who drives a motor vehicle other than a heavy vehicle, or causes such a motor vehicle to stand, if the person proves that he or she—

(a) drove the motor vehicle, or caused the motor vehicle to stand, in prescribed

circumstances; and

(b) did not know that the motor vehicle was uninsured.

(1b) For the purposes of subsection (1a), a person may prove a matter referred to in that subsection by furnishing to the Commissioner of Police a statutory declaration in accordance with any requirements prescribed by the regulations.

(1c) If a charge of an offence against subsection (1) involves a motor vehicle other than a heavy vehicle and the defendant was not a registered owner or the registered operator of the vehicle, it is a defence to the charge if the defendant proves that he or she did not know, and could not reasonably be expected to have known, that the vehicle was uninsured.

(2) If an uninsured motor vehicle is driven or found standing on a road, the owner of the vehicle is guilty of an offence.

Maximum penalty: $5 000.

(3) It is a defence to a charge of an offence against subsection (1) or (2) to prove that the motor vehicle was driven or left standing on a road in circumstances in which this Act permits an uninsured motor vehicle to be driven on a road.

(3aa) It is a defence to a charge of an offence against subsection (2) to prove that—

(a) the vehicle was not driven or left standing on the road by the defendant; and(b) the defendant had taken reasonable steps to ensure that any person lawfully entitled to use the motor vehicle would have been aware that the vehicle was uninsured.

(3a) It is a defence to a charge of an offence against subsection (2) to prove that, in consequence of some unlawful act, the vehicle was not in the possession or control of the defendant at the time it was driven or left standing on the road.

(3b) It is a defence to a charge of an offence against subsection (2) where the defendant is the last registered owner or last registered operator to prove that the defendant was not the owner or the operator of the motor vehicle, as the case may be, at the time of the alleged offence.

(3c) The provisions of Schedule 1 apply to an offence against this section if evidence relating to the offence was obtained through the operation of a photographic detection device.

(3d) A motor vehicle is driven or caused to stand by a person in prescribed circumstances for the purposes of subsection (1a) if—

(a) the person is not an owner or the registered operator of the vehicle and he or she is required by his or her employer to drive the vehicle, or to cause the vehicle to stand, in the course of his or her employment; or

(b) the motor vehicle is driven or caused to stand in circumstances declared by the regulations.

(4) This section does not apply to a person who, on any road, drives a motor vehicle, if—

(a) the motor vehicle is registered in a proclaimed State or Territory of the

Commonwealth or is otherwise permitted by the law of a proclaimed State or

Territory of the Commonwealth to be driven on public roads within that proclaimed State or Territory; and(b) there is in force in that State or Territory in respect of the motor vehicle a policy of insurance—

(i) that complies with the law of the State or Territory; and

(ii) under which the owner and the driver of the motor vehicle are insured against liability which might be incurred by the owner or driver in respect of the death of, or bodily injury to, any person caused by or arising out of the use of the motor vehicle in this State.

(5) For the purposes of subsection (4), the Governor may by proclamation declare any State or Territory, the law of which in the Governor's opinion substantially meets the requirements of this Part, to be a proclaimed State or Territory.

(6) A proclamation under subsection (5) may be revoked or varied by a subsequent proclamation.

(7) In this section—

owner, in relation to a vehicle, includes the last registered owner and the last registered operator of the vehicle, but does not include a person who takes the vehicle on hire.