Our Results
Our client is a 25-year-old man who was involved in a car accident where he collided with a pedestrian at a pedestrian crossing. The impact caused the pedestrian to fall, hitting his head against the road in the process. As a result of the accident, the pedestrian underwent a first surgery to have a section of his skull removed to relieve pressure in his brain, and later a second surgery to have a section of his skull reinstated.
Our client was subsequently charged with ‘negligent driving occasioning grievous bodily harm’. The client was incredibly distressed because of the accident and the injury he had caused to the victim. Furthermore, the client was employed as a real estate agent, and in the event of a conviction being recorded, or a disqualification being imposed, he would likely lose his employment and his ability to support his 5-year-old son. The client contacted Jameson Law seeking advice. Nora Sayed of our office assisted the client and his family to navigate the complexities of the criminal process during this very stressful time.
The Prosecution
Ms Sayed contacted the Prosecution and made the appropriate amendments to the facts to reflect the client’s remorse and the assistance he rendered to the victim at the scene. The facts were further amended to reflect that the degree of negligence in the client’s driving fell towards the lower end of objective seriousness for offences of this type.
Under the direction of Ms Sayed, the client completed all necessary programs to increase his driving competency and prepared several documents to assist in mitigation of his sentence. Ms Sayed presented this evidence to the Local Court and made submissions seeking to have the client sentenced to a Conditional Release Order (‘CRO’) without a conviction being recorded. Given the seriousness of the injuries sustained by the victim, the Local Court refused to exercise its discretion not to record a conviction and instead imposed a Community Corrections Order and disqualified the client for the minimum period of 12 months. Despite the leniency of this outcome, Ms Sayed continued to fight for the client, and the sentence was appealed to the District Court. After considering Ms Sayed’s rigorous submissions and all the material presented, the Judge agreed that despite the seriousness of the injuries and the need to recognise the harm caused to the victim, it was appropriate for a Conditional Release Order without conviction to be imposed in the circumstances. Our criminal lawyers at Jameson Law helped the client retain his ability to drive, his employment and his ability to provide for his son, without a criminal conviction being recorded. Another result that showcases that securing the best possible outcome for every client is our priority at Jameson Law.
Useful links: Road Transport Act 2013 s 117 (negligent driving), Crimes (Sentencing Procedure) Act 1999 (CRO and CCO framework), Traffic Offender Intervention resources, District Court of NSW, Local Court of NSW, Transport for NSW.
Get help: For advice about traffic and driving offences, sentencing advocacy, or criminal appeals, contact Jameson Law or call (02) 8806 0866.
