Assault and Driving Charges – Fine Without Conviction

This is a case study on assault and driving charges resulting in a fine without conviction.

What is alleged to have occured?
An argument ensued between our client and her boyfriend. The client got into her car and her boyfriend jumped into the back. The argument continued inside the vehicle and he jumped out of the car. Subsequently, the client accidentally ran over his leg, breaking it. She had driven off.

He was taken to hospital, where hospital staff contacted police. The client handed herself in and she was arrested and charged.

What happened at court?
The charges include:

  • Recklessly cause serious injury
  • Fail to stop
  • Negligently cause serious injury
  • Reckless conduct endangering serious injury
  • Fail to render assistance
We represented the client at the La Trobe Valley Magistrates’ Court.

After lengthy discussions with the prosecution, an offer was made by them on the charge of Recklessly cause serious injury and fail to stop. As the charge of fail to stop carries a 2 year minimum licence loss, the client couldn’t accept this as she lives in a remote area with no public transport available. She has young children and requires her licence to take them to day care and herself to work, respective distances of over 30 kilometres and 50 kilometres away. A licence suspension would result in the client losing her job.

Further discussions with police confirmed that the couple were still together. Her boyfriend was in court and willing to confirm that he had chosen to jump out of the car and that the client was unaware he was injured at the time. Prosecution agreed to withdraw the fail to stop charge.

Her Honour, on an indication originally offered a suspended sentence on the charge of recklessly cause serious injury. Further submissions were made that she was a young offender in her early 20s, it was her first time before the court, this was an accident in every sense of the word and she had supported her partner through his recovery.

What was the result?
The client received a fine without conviction and no order was made on her licence.
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 25/02/2013