Bail Application for Culpable Driving Causing Death

Case

Bail Application for Culpable Driving Causing Death

Quick Facts

Our client was charged with Culpable Driving Causing Death – (Section 318 of the Crimes Act 1958)

This was an Unacceptable Risk Bail Application – (Section 4(1) of the Bail Act 1977); read more about different presumptions of bail here

Maximum Sentencing

Level 3 imprisonment (20 years maximum) or a level 3 fine or both for the Culpable Driving Causing Death

What our client received:

Granted bail and set free

Case Background

Our client is a truck driver. On the day of the incident, he was driving his truck on a delivery run. He is a conscientious driver who has never previously been in trouble with the police.

 

As he is a subcontractor, he does not own his truck. His truck is maintained by the owner of the vehicle. Our client always reports any defects of the truck to the owner for immediate repair. On the day of the incident, after driving for a period of time without issue, our client approached a set of lights prior to turning onto a major highway. The lights turn red and our client began to break. Our client suddenly noticed that all brake systems were not responding. After realising that the vehicle would not stop, our client finally tried to warn the stationary motorbike in front by repeatedly using the truck’s horn. Unfortunately, the collision was unable to be prevented and resulted in the tragic death of the motorbike rider.

After a thorough investigation, there was no suggesting that alcohol, drug and speed were involved in the collision.

The sole basis of the charge against our client was the allegation that he should have known that the breaks of the truck were faulty.

Bail Application

Police alleged that after the accident, our client displayed suicidal tendencies and therefore was an unacceptable risk to the safety of the public. In addition, as our client was not a permanent resident, police alleged that he posed an unacceptable risk of flight and of leaving the Victoria.

A bail application was made within 14 days of our client’s arrest. During the bail application, we were able rebutted the police view that our client was an unacceptable risk by calling the partner to give evidence that our client has a long-term residential address in Melbourne. We were further able to produce evidence that treatment for our client’s mental health issues is available and in place should he be granted bail. We were also able to demonstrate that during our client’s period of custody, he received no treatment.

Our client was granted bail and set free.

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Disclaimer: Please be aware that the above piece is NOT intended to be definitive legal advice. If you have enquiries relating to the above subject matter, please contact us for an obligation free, face to face consultation.

If you like to read about our past bail cases:

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