Diversion for Fail to Report Accident to Police

This is a case study on failing to report an accident at the Melbourne Magistrates’ Court, where diversion was granted after the police were persuaded by the quality of the client’s character references.

The collision was minor and our client had promptly ensured that the owner of the other vehicle was compensated (through insurance) for the damage. Our client held a very responsible position as a director of a company with overseas offices. The nature of his employment meant that he was required to travel overseas to America and Europe on a regular basis. He wanted to maintain his spotless record and to avoid any possible complications with overseas travel. It must be noted that he has no prior convictions or court appearances.

What is alleged to have occured?

Our client’s car collided with another car when he was leaving a car park. It was a minor collision. He initially got out of his car to inspect to see whether there was any damage but it was a cursory inspection. The client did not leave a note as he formed the view that no damage had been caused. Our client’s actions were observed by a witness who later provided the registration of our client’s car to the police.

Later in the evening, the Police attended upon our client at his home and he was subsequently interviewed and later charged. The client told the police that he later discovered when he got home that his car was in fact damaged, and at which point it was too late to have left his details with the owner of the other car.

What happened at court?

We represented the client at the Melbourne Magistrates’ Court for the charge of Fail to Report Accident to Police Station.

The police accepted that that the client may have made an honest and reasonable mistake as to whether there was damage to either vehicle; but upon learning of the damage to his car, was in their view, required to report the accident to the nearest police station.

At the diversion hearing, several excellent character testimonials were provided which demonstrated that our client was an otherwise responsible and contributing member of the community.

What was the result?

The police initially did not recommend our client for diversion but were happy to do so in the circumstances, given the high quality references provided and his cooperative demeanour during the police interview.

Our client received a court diversion for the Fail to Report Accident to Police charge.