A MOTORCYCLIST clocked doing more than 100kms over the speed limit was refused the minimum penalty due to the potentially horrific scene emergency services would have had to deal with if he had an accident at the time.
Nicholas Ray Jensen pleaded guilty to reckless driving by exceeding the speed limit by 45km/h or more when he appeared at Rockingham Magistrates Court on May 25.
The prosecutor said Jensen was detected doing 189km/h in an 80km/h zoned section of Rockingham Road at 12.27pm on April 21.
He asked for a strong deterrent for Jensen.
“It’s a busy road at the time he was on it – had there been an accident, it would have been a disaster within seconds,” the prosecutor said.
“There are concerns for emergency services; had he been killed and the horrific scene they would have come across.
“It should be on the record.”
His lawyer asked for the minimum penalty before he was interrupted by Magistrate Vivien Edwards.
“How can I when he was going at that speed?”
The lawyer further said that a long disqualification would cause his client ‘serious hardship’ as he was only aged 20 at the time and needed his licence for work.
“He won’t see his family and it will affect his work,” the lawyer said.
He also asked for a spent conviction.
Magistrate Edwards asked if he still had a motorbike.
The lawyer said it had been stolen but he did have another motorbike.
Magistrate Edwards said the minimum penalty was inadequate.
“I understand you were on a high-powered motorbike and you said the road was clear of any traffic,” she said.
“At the speed you were going it would have been impossible to see anyone pulling into that busy road.
“There needs to be a general and specific deterrent.
“The maximum fine is $6000 or nine months in prison.”
She fined him $2000 and disqualified him for 12 months.