Published 08 Dec 2011
Criminal Lawyers Sydney and Parramatta Offices
Criminal Offence – Criminal Matter – Low Range Drink Driving – Guilty Plea – Local Court Sentence – Conviction – Disqualification – Severity Appeal – Section 10 dismissal
Nyman Gibson Stewart
Criminal Lawyers
Parramatta District Court
Represented by Solicitor: Bharan Narula
Facts
The client was charged with driving with a Low Range Prescribed Concentration of Alcohol (LRPCA) with a reading of 0.065. While driving intoxicated, he also caused an accident with a taxi by failing to stop at a stop sign. This is considered as an aggravating feature of the offence. He pleaded guilty in the Local Court and was convicted and fined $600 with $79 court costs. The client was also disqualified for the minimum period of 3 months.
The client had no criminal record and no traffic history since being in Australia for the past 2 years. He had a genuine need for a licence for his employment, and he would lose his job if he was disqualified.
Result:
We advised the client to give evidence on appeal. Submissions were made, including with reference to a degree of extra curial punishment that would arise as a consequence of conviction.
The Judge accepted our submissions and chose to give our client another chance. He placed our client on a bond pursuant to s10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 for a period of 12 months.
The client was particularly happy with the outcome.
Bharan Narula is a criminal defence solicitor working from our Darlinghurst office, and like all of our team, can be contacted 24/7 on 0426279953.