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Negligent Driving Appeal Upheld

TRAFFIC CASE

Our client is a 51 year old owner of a security company who lives in South-West Sydney.

He was turning right at an intersection when his car collided with an oncoming car driven by a 20-year old P-plater.

Police attended the scene, determined that our client was at-fault and later issued him with a future court attendance notice for negligent driving not occasioning death or grievous bodily harm.

He self-represented him Bankstown Local Court, where he was found guilty on the basis that he failed to keep a proper lookout for the oncoming vehicle, fined $1,500 and disqualified from driving for 12 months.

He then saw us for advice and, after taking detailed instructions, it became evident there was a reasonable possibility the magistrate had made an error by finding him guilty.

We then filed an ‘all grounds appeal’ and obtained the transcript of evidence, which supported a reasonable inference that the oncoming vehicle was speeding and that our client was indeed keeping a lookout but could not have avoided the collision.

The appeal ultimately came before Parramatta District Court where we tendered detailed written submissions outlining the law and the fact that the evidence did not support a finding of guilt, especially given the absence of a prosecution expert and the conflicting evidence.

After making additional submissions, His Honour agreed that the prosecution did not prove its case to the required standard. He therefore upheld the appeal and quashed the conviction, fine and disqualification.

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