The case before the court concerned a speeding offense committed by Helger Hallik on October 27, 2024 on the island of Muhu. Police recorded the speed of the car Hallik was driving at a minimum of 142 kilometers per hour, even though the maximum permitted speed on the rural road was 90 kilometers per hour.

On November 22, police penalized Hallik by revoking his driver's license for five months. In determining the penalty, police took into account that he had again been caught speeding just five days earlier, on November 17, and had received a €200 expedited fine. Hallik had also been fined for speeding on September 1.

Tartu District Court overturned the license revocation and instead imposed a €400 fine. The district court found that the November 17 speeding offense could not be considered in sentencing because it had occurred after the October incident and the two offenses had not been handled in a single proceeding.

The Supreme Court's Criminal Chamber overturned the district court's decision on Friday and reinstated the penalty imposed by the police.

The chamber found that while later offenses cannot be considered when assessing the legal classification of the act or the degree of guilt, they may be considered when selecting an appropriate punishment that encourages the offender to comply with the law. However, a later offense can only be taken into account if the penalty for that offense has already entered into force at the time of the decision.

The Supreme Court noted that, just as with previous valid or expunged convictions, a person's subsequent actions can provide insight into their behavior patterns and attitudes. If someone continues to commit similar offenses during legal proceedings, this may indicate the need for a different type of punishment — one that is likely to be more effective.

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