- in Australia
A 19-year-old man will face court following an alleged police pursuit through several western Sydney suburbs on Thursday, 2 October 2025.
At around 9:00 pm, officers attached to the North West Metropolitan Region Enforcement Squad (Penrith) attempted to stop a sedan at the intersection of Parkes and Wigram Streets, Parramatta. Police allege that upon stopping, the driver reversed into a police vehicle before performing a U-turn and fleeing the scene at high speed.
The pursuit, initially commenced, was terminated shortly after due to safety concerns. The vehicle was later sighted on Parramatta Road, allegedly continuing through Five Dock, Pendle Hill, Toongabbie, Seven Hills, and Blacktown, before entering a shopping centre carpark in Parramatta around 10:00 pm.
The driver and a passenger reportedly abandoned the car and attempted to flee on foot. Officers established a perimeter and arrested the 19-year-old driver soon after. A search of the vehicle uncovered several items now seized for forensic examination.
He was taken to Parramatta Police Station and charged with:
- Drive motor vehicle during disqualification period (s 54(1), Road Transport Act 2013),
- Police pursuit - not stop - drive dangerously (s 51B, Crimes Act 1900), and
- Use offensive weapons in company to prevent detention (s 33B, Crimes Act 1900).
The accused was refused bail and appeared before Parramatta Local Court the following day.
Understanding the Offence of Driving While Disqualified
Under section 54(1) of the Road Transport Act 2013 (NSW), it is an offence for a person whose licence has been disqualified, suspended, or cancelled to drive a motor vehicle on a public road.
To prove the charge, the prosecution must establish beyond reasonable doubt that:
- The accused drove a motor vehicle on a road; and
- At the time, the accused's driver licence was disqualified, suspended, or cancelled.
Courts treat the offence seriously, viewing it as a deliberate breach of the authority of the court or the licensing body. Unlike minor traffic infractions, disqualified driving is categorised as a criminal offence because it represents a conscious decision to disregard a judicial or administrative prohibition.
Penalties
The severity of the penalty depends on whether the offence is a first or subsequent "major traffic offence" within the preceding five years.
First Offence
- Maximum imprisonment: 6 months
- Automatic disqualification: 6 months (reducible to 3 months)
- Maximum fine: $3,300
Second or Subsequent Offence
- Maximum imprisonment: 12 months
- Automatic disqualification: 12 months (reducible to 6 months)
- Maximum fine: $5,500
Courts often emphasise deterrence in these matters, sending a message that court orders are to be obeyed, not negotiated.
Avoiding a Conviction
Notwithstanding the seriousness of the charge, a court may exercise its discretion under Section 10(1)(a) or impose a Conditional Release Order (CRO) without conviction.
If granted, these outcomes mean no conviction, no fine, and no licence disqualification - effectively sparing the driver from a criminal record.
Courts will generally consider such leniency only where there are strong mitigating factors, for example:
- A previously clean record;
- Demonstrated remorse;
- Exceptional personal circumstances; or
- Evidence that the offence was isolated and not deliberate.
Defences
The primary defence is that of an honest and reasonable mistake of fact, such as where the driver genuinely believed their licence had been reinstated due to incorrect or unclear communication from authorities.
Other available defences include:
- Duress - being compelled to drive under threat;
- Necessity - driving to prevent serious harm or danger; or
- Self-defence - driving to escape an imminent threat.
Given the strict evidentiary threshold, these defences require careful legal preparation and corroborative material.
When Disqualification Meets Desperation
In practice, many disqualified driving cases are not about 7defiance but desperation.
Defendants often include individuals who have lost their licence due to unpaid fines, demerit point accumulation, or low-range drink driving. The inability to drive, particularly in regional or outer-suburban areas like Penrith, where public transport is limited, can have severe economic and personal consequences.
This dynamic raises an important question about proportionality in sentencing. Should the law treat a person who drives to pick up a sick child with the same severity as one who drives recklessly in defiance of a court order?
Courts have acknowledged this nuance. In some cases, magistrates have recognised that while the law must uphold respect for disqualification orders, it must also consider human realities, employment, family responsibilities, and mental health. The sentencing process, therefore, is not purely punitive but also evaluative, balancing deterrence with compassion.
The Broader Impact
A conviction for disqualified driving can have lasting repercussions:
- A permanent criminal record, which may affect employment and travel opportunities;
- Potential insurance cancellations or premium increases;
- Increased risk of vehicle forfeiture for repeat offenders;
- Further disqualification periods or conditions attached to future licensing.
For younger drivers, the consequences are particularly severe, a single conviction can hinder future professional licensing, education, and visa applications.
Need Legal Assistance?
If you or someone you know is facing a Disqualified Driving offence, speak with a Parramatta Criminal lawyer.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.