Police alleged that this was a road rage matter where our client tailgated the L plate driver of a another vehicle. It was alleged that he hit the rear of her car and then assaulted her 15 year old boyfriend at the scene.
In traffic matters involving accompanying violence, often described as Road Rage, it can be extremely difficult to convince Magistrates to impose without conviction dispositions. The police prosecutors made strenuous submissions that a conviction should be recorded.
Our client was charged with the following:
- Unlawful assault
- Recklessly cause injury
- Fail to provide details at accident
- Fail to keep safe distance behind vehicle
In negotiations, the charges of Recklessly cause injury and Fail to provide details at accident were withdrawn and and amendments to the police summary were made
On a plea for the charges of of Unlawful assault and Failing to keep a safe distance behind a vehicle, Josh made submissions to the Court that revealed that there was much more to the circumstances of the offending in that there had been considerable bad prior behaviour from the other drivers and that they had approached and screamed at him through the window of his car before he got out. It was made clear that the physical altercation stopped immediately after our client was informed of the age of the victim.
Josh was able to argue that a non-conviction disposition was appropriate because of our clients age, previous good character, long work history and productive life.
Josh convinced the Court to impose a fine without conviction.
As an instructing solicitor Josh has specialised in handling complex matters, such as murder and terrorism trials, including State and Commonwealth Supreme Court trials. Josh is an Accredited Criminal Law Specialist.
Visit Josh’s profile to read more about his background and experience. You can also find him on Google+.
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