Road Rage – No Licence Suspension Imposed

Road RageThis is a case of road rage with no licence suspension imposed.

Our client was charged with Unlawful Assault, Criminal Damage, and Wilful Damage. There was a significant delay of almost 12 months between the date of the offending and the date the charges were filed at court.

The offending was characterised by the prosecution as a road rage incident. The allegations were that our client, following a heated exchanged with the female complainant, damaged her car. It was further alleged that our client’s behaviour was so aggressive that it put the complainant in fear for her safety.

The client was interviewed many months after the alleged incident. Photographs and a quotation for repair of the vehicle were incorporated into the prosecution brief. Our client had unrelated prior court appearances and had also previously served a term of imprisonment, but these occurred many years ago.

Shaun Pascoe represented the client at the Heidelberg Magistrates’ Court. Although this was a case of road rage, no licence suspension was imposed and the client was sentenced to a financial penalty.

Several weeks before our client’s first court appearance, he attended our office and was able to obtain impressive material that was subsequently used in mitigation on his hearing. After negotiations with the prosecution, the indictable charge of Criminal Damage was withdrawn to the summary offence of Wilful Damage. The client pleaded guilty to Unlawful Assault on the basis that his behaviour was such to cause a real apprehension of harm in the complainant’s mind. At no stage was it ever alleged that our client had physically assaulted the complainant.

Although the magistrate viewed the offences as serious, he noted the lengthy delay in bringing the matter to court and the constructive steps taken by our client to address the offending. The magistrate was provided with a letter from his treating psychologist, outlining his long and at times chronic history of anxiety. The magistrate also received confirmation that since the incident, our client had completed a course of anger management over several weeks. It was also a relevant matter in mitigation that our client had not been before the court for almost 15 years, and had not reoffended in the 16 months that had passed since the offences.

The magistrate agreed that the offending amounted to road rage but no licence suspension was imposed. The client was sentenced with conviction to a fine of $1,000.

 


Shaun PascoeShaun Pascoe

Shaun is an Accredited Criminal Law Specialist and a partner of the firm. Shaun runs the Heidelberg branch of Doogue + George.

He is an experienced criminal law solicitor and works hard to achieve the best possible outcomes for his clients. Shaun handles indictable and summary criminal offences and is an expert at criminal defence for both contested and non-contested cases.

Visit Shaun's profile to read more about his background and experience.

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 16/02/2018