Commissioner of Police v Stjernqvist

A recent decision of His Honour Judge Lynham of the District Court at Townsville in the matter of Commissioner of Police v Stjernqvist [2022] QDC 95 has made clear that Courts sentencing persons convicted of evading police pursuant to section 754 of the Police Powers and Responsibilities Act 2000 (“PPRA”) must impose a fine of at least 50 penalty units (currently $6,892.50) or 50 days imprisonment served wholly in a corrective services facility.

Pursuant to section 754 of the PPRA, the driver of a motor vehicle who is given a direction by a police officer using a police service motor vehicle to stop the motor vehicle must stop the motor vehicle as soon as reasonably practicable if a reasonable person would stop the motor vehicle in the circumstances.  This offence may arise where a person does not pull over when directed for a random roadside breath test or following the commission of a traffic offence.

Prior to Judge Lynham’s decision there had been differing judicial opinion as to as to the construction of the penalty provision contained in section 754 of the PPRA and whether, for example, a penalty such as probation or a community service order were sentencing options that could be imposed for the offence as an alternative to fines or imprisonment.  This led to inconsistent approaches to sentencing practices with some Magistrates and Judges taking the view that there was no reason grounded in statute or principal as to why probation ought to be regarded as a lesser penalty than a fine.

Judge Lynham’s decision is consistent with the approach taken by the Queensland Court of Appeal in the matter of Commissioner of Police v Broederlow [2020] QCA 161 which considered a similar minimum penalty provision imposed for an offence under section 50(1)(d) of the Weapons Act 1990.

In addition to the fine or sentence of imprisonment, drivers convicted of evading police must be disqualified from holding or obtaining a driver licence for a mandatory minimum period of two (2) years.  The offence is also categorized as a Type 1 hooning offence.  This type of hooning offence can result in the motor vehicle involved in the offence being impounded for 90 days or forfeited to the State of Queensland.

Having regard to the serious penalties that must be imposed for this offence, it seems plain that it is not worthwhile for a driver to risk harming themself or someone else by trying to evade a police direction to pull over.  Drivers should also note that even if they manage to evade interception by the police, an evasion notice may be served upon the registered owner of the vehicle, regardless of who was driving. The vehicle owner upon receipt of this notice, has four (4) days to nominate the driver at the time of the evasion.  If this is not done, the registered owner is deemed to have been the driver at the time of the offence and is liable for the penalties provided by section 754 of the PPRA.