June 24, 2013

Negligent driving charges: Police v MB

Facts:

MB was charged and pleaded guilty in the Local Court to a charge of negligent driving occasioning grievous bodily harm under s.42(1)(b).  The Magistrate of the Local Court fined MB $400 and ordered a disqualification period of 12 months.

MB lodged an appeal to the District Court arguing the conviction, fine and disqualification was too severe a sentence.

Outcome:

The Sydney District Court upheld the appeal.  After hearing evidence from MB in relation to the impact of the loss of license on her work and her family, and about the circumstances relating to the offence, the District Court dismissed the case under the provisions of s.10(1)(a) of the Crimes (Sentencing Procedure) Act.   There was no disqualification imposed.