Reverse When Unsafe – Fine Without Conviction

This is a case study on a charge of Reverse When Unsafe resulting in a fine without conviction.
Our client was on his way home from work when he stopped off at the shops. It was quite late, and it was dark. As he was driving out of the car park, he thought he may have heard a noise. He pulled over and inspected his car, but he could see no damage. He also drove back into the car park to inspect another vehicle that had been parked nearby to him. Again he could see no damage and he drove home.

Some time later our client was contacted by the police. It was alleged that he had collided with another car when reversing in the car park causing damage to the other car. He was charged with Reversing When Unsafe, Fail to Stop at the Scene of an Accident, and Fail to Report an Accident.

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

Our client instructed that he had no idea that he had caused damage to another car, and that if he had, of course he would have reported the matter as required. He was most concerned with a potential loss of his driver’s licence and being convicted of the offences.

In discussions with the prosecution prior to the matter proceeding, we pointed out that there was no evidence of damage to the other motor vehicle in the police materials.

As a result of the discussions, only one charge of Reverse When Unsafe proceeded before the court. Our client pleaded guilty and he received a small fine as a penalty. He was not convicted of the offence and, most importantly, no order was made against his driver’s licence.

A charge of Reverse When Unsafe leading to a fine without conviction is an excellent result, and more so taking into account that his driver’s licence was not suspended.
Elements of Driving a Vehicle in Reverse:

  • The accused was driving a vehicle
  • The accused reversed the vehicle
  • The reversing of the vehicle was done unsafely, or
  • The reversing of the vehicle was done further than is reasonable in the circumstances

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 14/01/2019