Appeal Records No Conviction Following Crash and Fractured Leg
Parramatta District Court
Represented by Solicitor and Accredited Specialist Criminal Law
Client was approaching the intersection of a busy western suburbs street. Client stopped at the give way sign. His view of oncoming traffic (from the right) was obscured by a van that was parked too close to the curb as well as a telegraph pole. The client edged his way forward to make sure that his path from the right was clear in order to proceed through the intersection. As he did a motorbike emerged from behind the van. The client braked suddenly, however, the motorbike impacted with the front bumper bar of the client vehicle. The motorcyclist was thrown from the bike and suffered a compound fracture to his leg.
The client was charged with negligent driving causing grievous bodily harm. He pleaded guilty in the local court, was convicted, placed on a section 9 bond for 2 years and disqualified from driving for 12 months.
The matter was appealed on a severity basis to the Parramatta District Court. It was submitted to the Court that this case was at the lowest end of seriousness in both the level of negligence involved and injuries sustained to the victim. The client required his licence for his employment and to care for his elderly mother.
The Judge agreed with defence submissions, and dismissed the matter under s10. This means that no criminal conviction was recorded, and most importantly, the client did not lose his licence at all.
The client was represented by an accredited criminal law specialist who is based in the Parramatta Office of Nyman Gibson Miralis. He conducts numerous traffic law and criminal law matters including defended hearings in the Local Court and Appeals to the District Court.
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