We obtained a great result for our client who was charged with dangerous driving occasioning death and dangerous driving occasioning grievous bodily harm and the jury found him NOT guilty.
Background
Our client was a young man who was charged with dangerous driving occasioning death and dangerous driving occasioning grievous bodily harm. We were his solicitors from when the charges were laid until the NOT guilty verdict at Campbelltown District Court.
It was a tragic case where our client’s best friend was killed in a single vehicle collision. His other friend suffered serious injuries, including a brain injury. Our client miraculously did not sustain any serious injuries.
The charges are very serious and carry heavy penalties. The charge of dangerous driving occasioning death carries a maximum sentence of 14 years imprisonment. The charge of dangerous driving occasioning grievous bodily harm carries a maximum sentence of 10 years imprisonment.
The police alleged that our client drove the car and that he drove the car dangerously because he had alcohol and valium in his system.
The prosecution relied on various expert witnesses to try and prove that our client was the driver. These experts included a toxicology expert, bio mechanical expert and a medical expert.
There were no eye witnesses to the car collision.
Advice and advocacy for our client
The key issue in the trial was whether our client was the driver of the car at the time of the accident.
In preparation for his hearing at the Campbelltown District Court, we advised our client to:
take photos of his injuries when he was first charged; and
engage his own expert to provide their own opinion on the accident and who may have been the driver; and
engage an experienced criminal law barrister early on in the process to prepare a case theory.
Obtaining a NOT guilty was challenging given that there were no eye witnesses and it came down to the two expert opinions and how the evidence fit the case theory established by our solicitors.
Result - NOT guilty verdict
Because of our advice, our client called a bio mechanical expert whose opinion contradicted the prosecutor’s bio mechanical expert. This presented a compelling story to the jury which ultimately influenced the jury. After a 10 day trial at Campbelltown District Court, the Jury found our client NOT guilty of both charges.
The thought of being sentenced to imprisonment had hung over our client’s head for 12 months and was incredibly relieved to be able to put this matter behind him.
Have you been charged with negligent driving or dangerous driving?
These matters can be serious and can lead to imprisonment for a long time. They are very complex and they can get very technical in the evidence and the law. If you have been charged with negligent driving or dangerous driving, call our Principal Solicitor as soon as possible on
0422 647 266 for a free initial consultation.
We regularly appear for clients throughout NSW including all the NSW Local and District Courts, Orange Local Court and the Central West region.
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