Careless Driving – Good Behaviour Bond

This is a case study on a sentence of good behaviour bond for Careless Driving.

What is alleged to have occured?
The police charged our client with Careless Driving following a road accident that caused no injury to any person but which otherwise resulted in a major traffic inconvenience.

We acted on the client’s behalf at the Melbourne Magistrates’ Court.

Our client was a truck driver. The incident occurred as he was driving through a tight bend and his truck lost balance spilling the cargo onto the road.

What happened at court?
For this case, the magistrate indicated that our client will be sentenced to a Good Behaviour Bond for Careless Driving, with no order against his licence, if he were to plead guilty. Our client instructed us to proceed according to this arrangement.

We investigated the circumstances surrounding the incident and discovered that it was likely caused by an existing structural damage. Earlier on the day of the accident before our client started his shift, he had noticed a crack in the base of the truck’s trailer and took photos of it then notified the management, which had then given him the all-clear to continue with his delivery.

Given this information, we contacted forensic engineers to find out if such structural damage could affect the truck’s stability once it makes a turn. We were ultimately able to establish that the accident was not solely due to our client’s manner of operating the truck.

What was the result?
Ultimately, a good behaviour bond for Careless Driving was imposed. No order against our client’s licence was given which was especially crucial given the nature of our client’s job.

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 20/03/2020