Dangerous Driving Causing Death and Serious Injuries

This is a case study involving charges of Dangerous Driving Causing Death and Serious Injuries.

What is alleged to have occured?
Our client was facing charges of Dangerous Driving Causing Death and Dangerous Driving Causing Serious Injury at the Melbourne Magistrates’ Court. The circumstances of the case involve him, his partner, and his three younger brothers in a ute accident; with our client driving the car and his brothers on the tray of the ute. During the accident, one of his 3 brothers died while the other 2 suffered serious injuries.

The incident occurred when our client and his partner, along with the three brothers, were camping and then decided to drive down a nearby dirt track to fetch firewood. Our client, who was driving the car, had previously drunk beer although witnesses attested that he did not appear to be drunk. On their way back, the car lost control and rolled a number of times. This had caused one of the three brothers to be thrown away from the car which got him killed.

What happened at court?
We represented the client at the Melbourne Magistrates’ Court.

Our client pleaded guilty to all charges of Dangerous Driving Causing Death and Serious Injuries which had prompted the case to be heard at the Magistrates’ Court instead of at the County Court. Victim Impact Statements were provided by our client’s parents and his two brothers stating that they recognised the incident to be an accident and that they did not want our client to go to prison. Our client has been seeing a psychologist ever since the incident and was diagnosed with Post Traumatic Stress Disorder (PTSD). Continuous counseling was recommended by the psychologist. Also, our client recently had his first baby with his partner and he was financially responsible for the child as his partner was not working.

What was the result?
At the end of the case, our client was sentenced to a wholly suspended sentence along with a Community Based Order (CBO) that will enable him to continue grief counseling. The magistrate was impressed by the support shown by our client’s family and was convinced that a prison term will yield no benefit in this case of Dangerous Driving Causing Death and Serious Injuries.
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