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Common Assault (Domestic Violence related) and Negligent Driving matter dismissed

Negligent Driving

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Criminal Law and Traffic  Law related charges

Our Solicitor, Nicholas Hardy-Clements, represented a 33-year-old woman at Parramatta Local Court in relation to four serious offences.

These offences included:

  • Common Assault (Domestic Violence Related), pursuant to Section 61 of the Crimes Act 1900.
  • Negligent Driving (no death of grievous bodily harm), pursuant to Section 117(1)(c) the Road Transport Act 2013;
  • Use Carriage Service to Menace/Harass/Offend, pursuant to Section 474.17(1) of the Criminal Code Act 1995; and
  • Knowingly drive motor vehicle in manner that menaces another person (first offence), pursuant to Section 118 (2) of the Road Transport Act 2013.

Submissions

Upon reading the allegations against our client, a term of imprisonment was extremely likely. 

The case involved circumstances where both our client and the complainant had been in a close personal relationship, which the complainant had recently ended. Our client was unable to deal with the separation and began to send the complainant excessive text messages and made excessive phone calls over a period of weeks.  This prompted the complainant to try put a stop to the communication and meet up with our client in a car park. When the parties met, the complainant again tried to peacefully end the relationship and put a stop to all communication.  Subsequently, our client allegedly assaulted the complainant, drove her vehicle towards the complainant, narrowly missing him, and then proceeded to rear-end the complainant’s vehicle.

Mr Hardy-Clements conferenced our client at length and obtained detailed instructions as to the alleged offences and our client’s personal circumstances. After conferencing our client at length, it was evident she was suffering from a complex mental impairment. Ultimately, our client instructed Mr. Hardy-Clements to seek all four offences be dismissed in accordance with Section 14 (1) (a) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (the Application).

Across 3 months and multiple court appearances, our team of criminal solicitors at Jameson Law sought to prepare the necessary material and evidence so as to ensure our client’s application would be successful.

At the hearing, Mr Hardy-Clements tendered a detailed clinical psychologist report and 12-month treatment plan, various subjective material, character references and extensive written submissions.

Outcome Achieved – case dismissed under Section 14(1)(a) of the Mental Health and Cognitive Impairment Forensic Provisions Acto 2020

After considering all the material before the Court and Mr. Hardy-Clements’ persuasive written submissions, notwithstanding the seriousness circumstances of the allegations, the Magistrate granted our client’s Section 14 Application and dismissed all four offences, discharged our client into the care of a responsible person to continue engaging in an extension 12-month treatment plan.

This case illustrates the importance of quality teamwork offered at Jameson Law, court advocacy and the value of experience.  Mr Nicholas Hardy-Clements is meticulous, he cares for his client’s individual circumstances and works hard to ensure their case is prepared and presented in a way that ensures the Magistrate or Judge fully appreciates our client’s case.

This was a great result for both our client and our firm.

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