Brisbane driver found guilty for avoiding fines, dodging demerit points

A Brisbane driver who avoided nearly $6000 in fines and 55 demerit points by using the services of an offender who helped motorists avoid more than $420,000 in fines has lost his appeal.

Bin Zhang pleaded guilty to 20 charges last year. Picture: Nigel Hallett

A Brisbane driver who avoided $5,798 in fines and 55 demerit points by largely using the services of an offender who helped hundreds of motorists avoid more than $420,000 in fines has lost his appeal.

Bin Zhang, 37, pleaded guilty to 20 charges of making a false declaration and 20 charges of fraud in Brisbane Magistrates Court last year.

He was sentenced to four months’ imprisonment wholly suspended for an operational period of 12 months and disqualified from driving for six months.

He appealed in Brisbane’s District Court before Chief Judge Brian Devereaux arguing the sentence was manifestly excessive.

The court heard that Zhang - a Chinese national who came to Australia in 2010 and is the sole director of a company with management rights of a hotel at Broadbeach - was caught travelling at 100km/h in the 80km/h M7 Clem Jones Tunnel in February 2016.

After getting the fine he took it to the socalled principal offender who, upon payment, wrote false identity details in the statutory declaration part of the notice which Zhang then took to a Justice of the Peace and signed.

Queensland Police reissued the infringement notice to the nominated person and address but it was never paid.

Zhang did this another 19 times over the next 6 years, avoiding fines totalling $5,798 and 55 demerit points, the court heard.

In one case he was caught driving at 129km/h in a 100km/h zone.

On all but three occasions the principal offender was not available so Zhang himself fabricated the false identity, completing the declaration and sending it. The identities were fictitious, but for two Zhang nominated.

The court heard police had investigated numerous examples of similar offending by others, facilitated by the principal offender.

“Between 2012 and 2022 hundreds of offenders submitted 1,400 ‘renominations’, avoiding the payment of more than $420,000 in fines,” Judge Devereaux said in a decision delivered Friday.

At his sentencing Zhang argued that a recorded conviction would affect his ability to continue as director of his company.

The sentencing magistrate took into account his co-operation in, after initial denials, providing two statements to police. While Zhang was not able to identify the so-called principal offender from photo-boards he provided what information he could, the court heard.

The District Court heard a number of similar cases involving different defendants had not resulted in convictions being recorded, which automatically happens when a prison sentence is imposed.

But Judge Devereaux said in this case, the disparity between Zhang’s sentence and the others “does not indicate appealable error”.

“The sentence imposed was not just within a reasonable range, it was, arguably, generous,” he said.

“The repeated acts of speeding, making a false declaration and making a fraud on the legal system demonstrate serious disregard for the safety of other road users and arrogant disrespect for the legal system designed to guard that safety.”

The appeal was dismissed.