Offence(s)
- Dangerous driving causing serious injury
Relevant Legislation (max penalty, elements of the offence and any available defence)
- s 319(1A) Crimes Act 1958. Penalty: 5 years maximum imprisonment.
- Elements:
- The accused was driving a motor vehicle
- The accused drove dangerously
- The dangerous driving caused the serious injury of another person
Summary of the facts
Our client had just turned 19 at the time of the incident, and usually lived in South Australia but was attending university in Victoria.
On the day of the incident, due only to a moment of inattention, our client drove his vehicle through a red traffic light and collided with a motorcyclist, causing them serious injury.
Neither speed, fatigue, drugs, alcohol, mechanical fault or environmental factors contributed to the accident. It was due only to a moment of inattention by our client.
Summary of the outcome ((e.g. case conference/contest mention led to charges W/D, sentence, importance of avoiding conviction/jail time/licence loss/SORA rego)
Our client was initially denied bail by police, however we made an urgent application for bail immediately after his arrest, which was successful and he was then released.
The charge was initially to be heard and determined by the County Court, however following negotiations with the prosecution we were able to have the charge finalised in the Magistrates’ Court where the maximum penalties are significantly lower.
Our client ultimately pleaded guilty and was sentenced to a Community Corrections Order. Importantly, this was imposed without conviction.
