The Case
Lucy Massouras represented a 65-year-old client charged following a collision involving four motor vehicles. The client crossed onto the incorrect side of the road, resulting in a head-on collision and significant damage to all four vehicles. Fortunately, no one was injured.
The client had no prior criminal history or traffic offending and had otherwise been an exemplary member of the community.
The client was initially charged with four offences: careless driving, failing to have proper control of a motor vehicle, crossing dividing lines and driving an unregistered motor vehicle.
The Challenge
The circumstances of the collision and the extensive property damage presented a significant challenge. The fact that the client's vehicle was unregistered added to the seriousness of the matter.
The client also relied on their ability to drive for work and day-to-day responsibilities, with a loss of licence potentially having a substantial impact on their family's financial security.
The defence needed to address the circumstances of the incident while presenting the client's personal history, character and prospects in support of an appropriate outcome.
The Defence Strategy
We arranged an early case conference and successfully negotiated a reduction in the charges, with the client ultimately facing two of the original four offences.
We advised the client on the steps they could take to demonstrate insight, remorse and rehabilitation, and worked closely with them to prepare supporting materials, including character references and relevant documentation.
Through negotiations, we presented the offending as an isolated incident in the context of the client's otherwise positive history. The prosecution agreed to the client's consideration for the Diversion Program.
Our preparation and advocacy supported the application for diversion, which was ultimately granted by the Magistrate.
The Outcome
Diversion was granted, allowing the client to avoid a criminal record and retain their driver's licence.
The outcome also meant that no order was made requiring the client to pay compensation for the damage resulting from the collision.
Given the extent of the property damage, the initial four charges and the potential consequences for the client's ability to drive, this was a significant result. It allowed the matter to be resolved through diversion rather than a criminal conviction.
Why Experienced Criminal Defence Matters
The outcome demonstrates the importance of assessing every case on its individual circumstances and identifying appropriate options early.
At Stary Norton Halphen & Galbally, our lawyers take a considered approach to criminal matters, examining the charges, negotiating where appropriate and preparing supporting material that presents the client's circumstances clearly.
Where diversion may be available, careful preparation and effective advocacy can help the court understand the person's background, character and prospects, alongside the circumstances of the alleged offending.
If you are facing criminal or driving-related charges, obtaining experienced legal advice can help you understand your options and whether diversion or another outcome may be available in your circumstances.
Disclaimer: The case results featured are real matters handled by our firm. However, every case is different and outcomes vary depending on a range of factors, including the specific facts, circumstances and evidence involved. Past results are not a guarantee of future outcomes and should not be relied upon to predict or determine the result of your matter.