CCO for Dangerous Driving Causing Death

1. Case Summary

Client Profile:‍

‍Provide a brief description of the client (redacting sensitive information).Who were they? What were the circumstances that led to their arrest?

Louise Conwell recently acted for a client charged with dangerous driving causing death. Our client was turning at an intersection when he struck a pedestrian and tragically killed her. The prosecution alleged that he failed to pay proper attention.

Type of Criminal Charge:

What charges was the client facing?

Despite having a perfect driving record for over 50 years (not  even a speeding fine), he was charged with dangerous driving causing death –  a category 2 offence that almost always attracts significant terms of  imprisonment.

2. The Challenge or Circumstances Surrounding the Matter

What was the primary legal challenge your client faced? Describe the seriousness of the charge and any complex legal hurdles you had to overcome.

• Was the case high-profile or particularly sensitive?
• What were the risks for the client (eg. Loss of job, prison sentence, fines, damage to reputation)?
• Were there any specific factors that complicated the defence (eg. weak evidence, witness testimony, prior criminal history)?

For a Category 2 offence, a court must make a custodial order and cannot make a combined order (i.e. imprisonment and community corrections order) unless special reasons exist under section 5(2H)of the Sentencing Act 1991. Those reasons are:  

-           Assisting authorities: The offender assisted or undertakes to assist law enforcement in the investigation or prosecution of an offence (s 5(2H)(a)). Notably, per Farmer v The Queen, an admission is not sufficient to constitute assistance to authorities for the purposes of this exception;

-           Impaired mental functioning: The offender proves on the balance of probabilities that the offender had impaired mental functioning at the time of the offending conduct causally linked to the commission of the offence, which substantially and materially reduces their culpability (5(2H)(c)(i)); or

-           Impaired mental functioning would result in the offender being subject to substantially and materially greater than the ordinary burden or risks of imprisonment (s 5(2H)(c)(ii)).

-           Secure treatment orders: The court proposes to make a Court Secure Treatment Order or a Residential Treatment Order (s 5(2H)(d)); or

-           Substantial and compelling circumstances: There are ‘substantial and compelling circumstances that are exceptional and rare, and that justify’ not imposing a sentence of imprisonment(s 5(2H)(e)). 

This meant that unless we were able to prove one of the above exceptions, our client faced a lengthy term of imprisonment. Imprisonment is a daunting prospect for anyone, but was particularly concerned to our client who was a carer for his sick wife.

3. Our Strategy

Explain our strategy to defend the client. What legal techniques or approaches were used to challenge the prosecution’s case?

• How did we approach the case from the beginning?
• What key defences were raised (eg. self-defence, mistaken     identity, lack of evidence, alibi, police misconduct)?
• Did you negotiate with the prosecution for a reduced charge or     plea deal

Did we engage expert witnesses, forensic experts, private investigators?

In Victoria, a sentence indication allows a court to provide an  accused with an indication of the likely sentence if they plead guilty,  before a formal plea is entered, helping them make an informed decision about  their plea.

In the lead up to the sentence indication hearing, we undertook a  number of investigations. We were able to subpoena the local council to  uncover evidence that the intersection was the site of a significant number  of serious collisions in the past 10 years. Since the collision involving our  client, funding had been provided to upgrade the intersection to make it  safer.

We also engaged an expert, who is a specialist Traffic and  Transport Engineer. The expert looks at the intersection at the time of the  accident (including CCTV footage and body worn police camera footage) to  provide an opinion on potential contributing factors to the collision,  including shading on the road; pedestrian crossing sequencing and sun glare.  

This evidence enabled us to argue that this case involved substantial  and compelling circumstances that are exceptional and rare, and that justify  not imposing a sentence of imprisonment.

 4. Result

What was the final result of the case? Please provide a summary of the outcome.

• Was the client acquitted, had charges dropped, or received a reduced sentence?
• If the case went to trial, was there a verdict of "Not Guilty" or a dismissal of charges?
• If the case resolved into a plea, what was the nature of the deal?
• How did the result positively impact the client’s life?
• Was it an expected result, good result or exceptional result?

After several hearings, the Judge indicated that if our client pleaded guilty, he would receive a community corrections order with no time in custody. After being advised and considering his options, our client accepted that indication.

5. Why The Client Benefited Having SNHAs Their Lawyers

Highlight what SNH had to offer and why it’s the right choice for anyone facing criminal charges.

• What makes your criminal defence strategy stand out?
• Why should potential clients trust you with their case?
• How does your experience lead to the best outcomes for your clients?

Cases of dangerous driving causing death are very serious. Drawing  on our experience, we were able to obtain evidence and secure expert evidence  that meant our client received the best possible outcome.