(1C)Liability under subsection (1) if 2 convictions within 5 years under various provisions#

If within the period of 5 years before conviction for an offence under subsection (1) the offender has been twice previously convicted—

  • (a) under subsection (1); or
  • (b) on indictment of any offence in connection with or arising out of the driving of a motor vehicle by the offender; or
  • (c) summarily of an offence against any provision of the Criminal Code, section 328A;

or has been previously convicted—

  • (d) under subsection (1) and on indictment of any offence in connection with or arising out of the driving of a motor vehicle by the offender; or
  • (e) under subsection (1) and summarily of an offence against any provision of the Criminal Code, section 328A; or
  • (f) on indictment of any offence in connection with or arising out of the driving of a motor vehicle by the offender and summarily of an offence against any provision of the Criminal Code, section 328A;

the justices must for that offence impose, as the whole or part of the punishment, imprisonment.

Source: TORUM Act 1995 · page 158 Open PDF at this page Search this document