Assault and Careless Driving – Fine

Road RageThis is case study on charges of Assault and Careless Driving resulting in a financial penalty.

Our client was charged with several offences following a road rage incident. He was veering in and out of his lane and the victim’s car nearly did his car. The client and the victim pulled over and our client punched the victim and pushed him onto the road, where the traffic had to slow down to avoid hitting the victim. The client was then charged with Reckless Conduct Endangering Life, Assault, and Dangerous Driving amongst other charges. These are very serious charges which can result in a term of imprisonment.

Jessica Clothier acted on the client’s behalf at the Melbourne Magistrates’ Court. The exact charges were:

The matter was case conferenced with the prosecution. Where a client has been charged with a lot of charges, the case conference is particularly an important process where you should identify allegations which don’t quite fit the facts. Jessica watched the footage with the prosecution and pointed out that the victim was never in danger of being hit by a car, as the traffic was far away at the time.

Jessica also pointed out that the client’s driving should properly be described as ‘careless’ and opposed to ‘dangerous’, as ‘dangerous’ is quite a high bar and is reserved for more serious conduct. The prosecution agreed and the matter proceeded as a plea of guilty to one charge of Unlawful Assault and one charge of Careless Driving. These are both summary offences.

Submissions were made on the client’s behalf which highlighted the client’s lack of priors and his excellent character. Jessica tendered character references to support this and called a character witness to give evidence.

Ultimately, the client received a fine on both charges of Assault and Careless Driving. This was an excellent result in the circumstances which was achieved largely through negotiations with the prosecution.
 

Elements of Careless Driving:

  • The accused drove a vehicle carelessly.
  • The vehicle was a motor vehicle.
  • The accused drove on a highway.

 
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Jessica ClothierJessica Clothier

Jessica works from our Sunshine office and regularly handles cases at the Sunshine Magistrates' Court. She also represents clients at other Melbourne courts to ensure their right to a fair trial and the best possible outcome. Jessica has always been a fearless advocate and her skills in criminal law are acknowledged as early as during her university years.

Admitted to legal practice in April 2018, Jessica has completed placements at Springvale Monash Legal Service and at one of the top immigration firms in Australia. She graduated with Honours in Law in 2017 from Monash University and finished her Practical Legal Training at Leo Cussen Centre for Law.

Click here to know more about Jessica's background.
 


DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 15/08/2019