What the Prosecution Needs to Prove (Elements of the Offence)

To secure a conviction for a speeding offence, the prosecution must prove beyond reasonable doubt the following elements:

1. Identity of the Driver: That he person charged was the driver of the vehicle at the time of the offence.
2. Driving on a Public Road: That the driving occurred on a public road or a place to which the public has access.  The definition of a road can vary depending on the circumstances, so it is important to speak to a lawyer to determine whether you have a defence.
3. Exceeding the Speed Limit: The driver exceeded the posted speed limit for the area in which they were driving. This is typically established through speed detection devices such as radar, LIDAR, or speed cameras.

The Relevant Court

Usually speeding offences are dealt with by an expiation notice or ‘ticket’ as they are referred to and do not go to Court. However, for more serious speeding offences, particularly those involving extreme speeds or repeat offences, or for when a person elects to be prosecuted the matter will generally be heard in the Magistrates Court or higher. 

What Defences are Available

Several defences can be raised in response to a speeding charge, including:

1. Challenging the Accuracy of the Speed Detection Device: This is done by questioning the calibration and operation of the speed detection device used.
2. Honest and Reasonable Mistake of Fact: The driver honestly and reasonably believed they were not exceeding the speed limit. For example a person’s speedometer may be broken and display the wrong speed, this would give rise to an honest and reasonable mistake of fact.
3. Emergency: That there was some emergency at the time that caused you to speed.  The emergency must be serious and usually to establish the defence you must show there was no other way to deal with the emergency other than speeding.  
4. Duress – If you can show that someone threatened you with violence or some other harm unless you sped this could be a defence to the charge. You usually have to show there was no other way to escape the threat or harm to establish the defence. 

What are the Specific Maximum Penalties for the Offence

The penalties for speeding offences depend on whether the offence is dealt with by an expiation notice or through the Courts. 

If the matter is dealt with through the Courts, the maximum penalty could be a fine of up to $5,000 and incur demerit points (please see below for the applicable demerit points). 

As of 1 July 2024 the penalties if the matter is dealt with by an expiation notice (including victims of crime levy are:

Speeding less than 10 km/h over the limit 

• Fine: $304
• Demerit points: 2

Speeding 10 km/h to less than 20 km/h over the limit

• Fine: $557
• Demerit points: 3

Speeding 20 km/h to less than 30 km/h over the limit-

• Fine: $1028
• Demerit points: 5

Speeding 30 km/h to less then 45 km/h over the limit

• Fine: $1786
• Demerit points: 7

Speeding 45 km/h or more over the limit- 

• Fine: $1997
• Demerit points: 9
• This offence will also incur an automatic loss of licence for six months. Police may also wheel clamp or impound an offender’s vehicle.