September 26, 2014

Driving recklessly charges: Police v IS

Facts:

IS was driving his motor vehicle when two Rangers approached his vehicle. Whilst one of the Rangers was in front of the motor vehicle, IS started the motor vehicle’s engine. He accelerated the motor vehicle causing the bonnet of the motor vehicle to impact both Rangers, IS has then brought the motor vehicle to a stop with both Rangers on the bonnet. Both Rangers have removed themselves from the bonnet, he then reversed his motor vehicle before and accelerating, stopping abruptly before the two Rangers.

No persons were injured as a result of the incident and no property was damaged. IS was charged with ‘Drive vehicle recklessly/furiously or speed/manner dangerous’ and ‘negligent driving (not occasioning death/GBH)’ by the Police.

Outcome:

The solicitor for IS made successful representations to the police resulting in the withdrawal of the charge of ‘Drive vehicle recklessly/furiously or speed/manner dangerous’ on the morning of the hearing. He pleaded guilty to the second sequence and his solicitor made submissions setting out the offender’s good character, remorse, and version of events.

The Local Court Magistrate fined him, and ordered that he pay the Court costs.